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Dr. Rachael Walsh
Assistant Professor, Law

Biography

I am an Assistant Professor at the School of Law, teaching and researching in the areas of property law and theory and constitutional law and theory. I previously worked as a Lecturer in Law at King's College London, and prior to that, as an Adjunct Professor at Trinity College Dublin.

My particular research focus is on the interface between property law and constitutional law, which concerns the complex relationship between public law (regulating the individual/state relationship) and private law (regulating private relationships). I also work extensively on issues of property theory. Accordingly, my research captures issues in land law, property law and theory, constitutional law and theory, environmental law, planning law and human rights law. My current research projects include a monograph exploring the impact of economic crisis on judicial protection for private property rights, forthcoming with Cambridge University Press in 2019 and work on the role of deliberative forums in driving constitutional change processes.

Publications and Further Research Outputs

Peer-Reviewed Publications

Rachael Walsh, Property and Social Justice: Progressive Property in Action, Cambridge, UK, Cambridge University Press, 2019 Book, 2019

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

Rachael Walsh, Property, Human Flourishing, and St Thomas Aquinas: Assessing a Contemporary Revival, Canadian Journal of Law and Jurisprudence, 31, (1), 2018, p197 - 222 Journal Article, 2018 DOI

The Marginality of Property in Expropriation Law: A Comparative Assessment in, editor(s)Gustav Muller, Reghard Brits, Bradley Slade, Jeannie van Eyk , Transformative Property Law, South Africa, Juta, 2018, pp21 - 51, [Bradley Slade and Rachael Walsh] Book Chapter, 2018

Rachael Walsh and Lorna Fox O'Mahony, Land Law, Property Ideologies and the British Irish Relationship, Common Law World Review, 47, 2018, p7 - 34 Journal Article, 2018 DOI

Reviewing Expropriations: The Search for 'External Guidance" in, editor(s)Hanri Mostert and Leon Verstappen , Rethinking Public Interest in Expropriation Law, The Netherlands and South Africa, Eleven Publishing and Juta Publishing, 2015, [Rachael Walsh] Book Chapter, 2015

Rachael Walsh, Stability and Predictability in English Property Law - The Impact of Article 8 of the European Convention on Human Rights Reassessed, Law Quarterly Review, 131, (October), 2015, p585 - 609 Journal Article, 2015

Belfast Corporation v OD Cars - Setting Parameters for Restricting Use in, editor(s)Robin Hiickey, Simon Douglas and Emma Waring , Landmark Cases in Property Law, Oxford: UK, Hart Publishing, 2015, pp227 - 252, [Rachael Walsh] Book Chapter, 2015

Gerard Hogan, David Kenny, Rachael Walsh, An Anthology of Declarations of Unconstitutionality, Irish Jurist, 54, 2015, p1 - 35 Journal Article, 2015

Rachael Walsh and Eloise Scotford, The Symbiosis of Property and English Environmental Law - Property Rights in a Public Law Context, Modern Law Review, 76, 2013, p1010- Journal Article, 2013

The Evolving Relationship Between Property and Participation in English Planning Law in, editor(s)Nick Hopkins , Modern Studies in Property Law Volume 7, Oxford, UK, Hart Publishing, 2013, pp283 - [Rachael Walsh] Book Chapter, 2013

King's Law Journal, Special Edition, 'The Interface of Public and Private Concepts of Property', 24, 2, (2013), Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, [eds.], Special Edition Editor Journal, 2013

Rachael Walsh , Private Property Rights in the Drafting of the Irish Constitution - A Communitarian Compromise, Dublin University Law Review, 33, 2011, p86- Journal Article, 2011

Rachael Walsh , Integrating Proportionality into Public Authority Possession Applications - Conclusive Answers from the Supreme Court?, King's Law Journal, 22, 2011, p414- Journal Article, 2011

Rachael Walsh , Property in the Margins, King's Law Journal, 21, 2010, p591- Review Article, 2010

Rachael Walsh , The Principles of Social Justice - The Compulsory Acquisition of Private Property for Redevelopment in the United States and Ireland, Dublin University Law Journal , 32, 2010, p1- Journal Article, 2010

Rachael Walsh , The Constitution, Property Rights and Proportionality - A Reappraisal, Dublin University Law Journal , 31, 2009, p1- Journal Article, 2009

Non-Peer-Reviewed Publications

Comparative Constitutional Property Law in, editor(s)Lionel Smith and Michele Graziadei , Research Handbook on Comparative Property Law, US, Elgar, 2017, pp193 - 216, [Rachael Walsh and Andre van der Walt] Book Chapter, 2017

Rachael Walsh, Compensation for Expropriation - 'Democratic Discounting', Rethinking Expropriation: Compensation for Expropriation, University of Cape Town, 7-9 December 2016, 2016 Conference Paper, 2016

Expropriation in Ireland in, editor(s)Jacques Sluysmans, Emma Waring, Stijn Verbist , Expropriation Law in Europe, Netherlands, Wolters Kluwer, 2015, [Rachael Walsh] Book Chapter, 2015

Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, The Public/Private Interface of Property, King's Law Journal, 24, (2), 2013, p1- Journal Article, 2013

Rachael Walsh , The Constitutive Role of the Right to be Heard, Core Principles of Expropriation Law Colloquium, The Hague, 18th June 2016 Conference Paper,

Research Expertise

Description

I am an internationally recognised expert in property law (English and Irish) and in particular, the constitutional protection of private property rights. My research scrutinises the relationship between private property rights and public policy in the context of issues like environmental and planning regulation, housing and mortgages law, austerity measures (e.g. in respect of pay and pensions), and compulsory purchase of land (e.g. for infrastructure development). Its central concern is with how property (itself a contested concept) shapes legislation and influences its application by administrators and judges. This means that it spans multiple subject areas in law and is of significance for the non-academic, as well as the academic, community, which allows me to build connections between my scholarship and external activities and issues. It also entails close critical scrutiny of property as a social institution and an individual right from a theoretical perspective. Highlights include: - Initiating and leading the Law School's involvement with the H2020 funded RESILENS project on resilient critical infrastructure development, which marked the first involvement of the Law School in a H2020 project. RESILENS was awarded €4091842.50 in EU FP7 funding in 2015 to conduct interdisciplinary research into the development and maintenance of resilient critical infrastructure and involved collaboration between academics, consultants and critical infrastructure developers and users, such as Irish Water. - Monograph forthcoming with Cambridge University Press in 2019, entitled 'Property and Social Justice: Progressive Property in Action', accepted for publication in a prestigious series, Cambridge Studies in Constitutional Law, following peer-review and review by the series editor. - International reputation established through peer-reviewed publications including leading general journals, the Law Quarterly Review and the Modern Law Review (ranking 2nd and 5th respectively amongst all UK based law journals (UK Research Excellence Framework 2014), and presentations at prestigious international conferences, such as Modern Studies in Property Law, and by invitation at the Expert Expropriation Group conferences. - Publication of the fifth edition of 'Kelly: The Irish Constitution', widely regarded as the seminal text on the Irish constitution, frequently cited by judges and legal practitioners, as well as in academic research. I am an equal co-author of this fifth edition, which was highly anticipated within the legal community, as the last edition was published in 2003.

Projects

  • Title
    • RESILENS
  • Summary
    • Funded H2020 interdisciplinary project, working with SME's, public bodies and academics on resilience planning in core infrastructure development.
  • Funding Agency
    • EU Commission
  • Date From
    • Estimated June 2015

Keywords

Constitutional Law; Environmental Law; Land Law; Planning Law; Property Law

Recognition

Representations

Board member, Modern Studies in Property Law. This is a highly prestigious international property law group, focused on a large conference and a research workshop every two years, as well as a resulting peer-reviewed publication. Jan 2016 to date

Appointed member of the Expert Advisory Group of the Citizen's Assembly on the Eighth Amendment, Fixed Term Parliaments, and Referendums. November 2015-April 2018

Fellow, South African Research Chair in Property Law - appointed on the basis of outstanding research in comparative constitutional property law, functions include attending at the Chair to carry out research, delivery of graduate seminars and examination of PhD's. 2012 - to date

External reviewer for the South African research funding body, the National Research Foundation. Functions include reviewing and assessing research outputs from individual researchers, and reviewing institutions from a teaching and learning, as well as a research perspective. 2016-to date

Peer-reviewer, Cambridge University Press 2017-to date

Peer-reviewer. The Conveyancer journal. 2014 - to date

Member, Editorial Board, King's Law Journal 2011

Peer-reviewer, Dublin University Law Journal 2012-to date

National representative for Ireland for the 'Core Principles of European Expropriation Law' project. 2015

Member, Expert Group on Expropriation September 2013 to date

Awards and Honours

Provost's Teaching Award April 2018

Accelerated Advancement in the Assistant Professor grade April 2016

Ussher Award for PhD studies June 2008

Fulbright Scholar Award June 2007

Rodney Overend Educational Trust award for Ph.D. studies, June 2008

James Murnaghan Prize, The Honorable Society of the King's Inns July 2013

Gold Medal Award, TCD December 2007

Henry Hunter Hamilton Prize, TCD June 2007

Memberships

Board Member, Modern Studies in Property Law: Modern Studies in Property Law is the leading UK property law conference, which meets biennially in full conference format, and in workshop format on alternate years. It results in a prestigious peer-reviewed edited collection published by Hart. The Board steers conference activities and also manages a research mentoring programme and support for postgraduate research. January 2015 – to date

Fellow, South African Research Chair in Property Law Group: The Research Chair is the leading centre for property law research in South Africa, which has a central role in crucial debates concerning access to housing and land. As a Fellow, I contribute to the centre's research activities and to its postgraduate programmes, through teaching and as a PhD examiner. November 2012

Member, Expert Group on Expropriation: The Expert Group brings together by invitation leading academics and practitioners working in the field of expropriation law to develop good governance standards in expropriation, in particular with a view to securing sustainable development. The Group holds regular international conferences and publishes peer-reviewed edited collections. September 2013 – to date

Member, Society of Legal Scholars 2010 – to date

Founding Member, Property Frontiers Research Network: This is a research network of international mid-career property scholars working on cutting edge debates, which also aims to support career development and develop collaborative funding applications. April 2015

Member, Irish Association of Law Teachers 2018 – to date

Member, International Society of Public Law 2018 – to date

Member, Young Property Lawyers' Association 2008 – to date

Member, Association of Law, Property and Society 2015 – to date

Member, Irish Jurisprudence Society September 2008 – to date