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David Kenny
, Law

Biography

Dr David Kenny is an Assistant Professor of Law in the Law School, teaching Irish and comparative constitutional law, conflict of laws, and critical legal theory. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is a alumnus of the US State Department's Fulbright programme.

Dr Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the recent 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional silence, referendums, and executive branch legal advisors. His current research projects focus on critical accounts of comparative constitutional law methodology, constitutional culture, and referendums, as well as on constitutional implications of Brexit for Ireland.

Dr Kenny has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, and the Joint Oireachtas Committee on Justice and Defence.

Dr Kenny currently teaches Constitutional Law I to first year students; Critical Perspectives on Law and Conflict of Laws to fourth years students; and leads a final year dissertation research group on referendums and constitutional change. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.

He also has two PhD students under his supervision: Mr James Rooney, researching judicial attitudes to social and economic rights, and Mr Conor Casey, researching the theories of executive power.

Dr Kenny regularly contributed to media discussion of constitutional issues, referendums, and Brexit, having written articles in the Irish Times, the Irish Independent and theJournal.ie, and appearing on Morning Ireland, Marion Finucane, the Six One News, Prime Time, and Sky News. He is open to media queries on matters of Irish or international constitutional law.

Publications and Further Research Outputs

Peer-Reviewed Publications

David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON) (FORTHCOMING), 2019 Journal Article, 2019

David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review (FORTHCOMING), 1, (1), 2019 Journal Article, 2019

Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny] Book Chapter, 2019

GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp Book, 2018

David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275 Journal Article, 2018

David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578 Journal Article, 2018

Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886 Journal Article, 2018

David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667 Journal Article, 2017

Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny] Book Chapter, 2017

David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106 Journal Article, 2017

Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny] Book Chapter, 2017 TARA - Full Text

David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216 Journal Article, 2017

Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan] Book Chapter, 2017

David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441 Journal Article, 2015

David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209 Journal Article, 2015

David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060 Review, 2015

Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30 Journal Article, 2015

Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan] Book Chapter, 2015

David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77 Journal Article, 2014

David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152 Journal Article, 2014

David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212 Journal Article, 2014

David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341 Journal Article, 2013

The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny] Book Chapter, 2012

David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73 Journal Article, 2011

David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50 Journal Article, 2010

Non-Peer-Reviewed Publications

David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016 Review Article, 2016

David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1- Journal Article, 2009

Research Expertise

Keywords

Comparative Constitutional Law; Conflict of Laws; Constitutional Law; Irish Politics; Referendums

Recognition

Awards and Honours

Provost's Award for Excellence in Teaching 2015

Ussher Fellowship, Trinity College Dublin 2009-2012

Fulbright Scholar 2008-2009

Memberships

Board Member and Supervising Lawyer, Irish Innocence Project 2014 – Present

Board Member, Harvard Club of Ireland 2015 – Present