Law School (Theses and Dissertations): Recent submissions
Now showing items 101-120 of 156
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The integration of Islamic finance into the Irish legal system : current issues and future challenges
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines the accommodation of Islamic finance in the Irish legal system. It considers current issues and future challenges which may arise should Islamic financial products and transactions be offered under ... -
Damages actions in competition law in Ireland : why and how?
(Trinity College (Dublin, Ireland). School of Law, 2011)The Methodology employed in the research for this thesis involved reading the vast literature available in various law journals, as well as in reports, speeches, submissions, studies and so forth. The starting point for ... -
Injustice in dismissal : the anti-dismissal injunction
(Trinity College (Dublin, Ireland). School of Law, 2013)The purpose of this research is to analyse, primarily by reference to the written judgments delivered in the Superior Courts, the development of the anti-dismissal injunction and associated complexities which can lead to ... -
A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity
(Trinity College (Dublin, Ireland). School of Law, 2011)Since the post-apartheid constitutional era connmenced almost two decades ago, there have been many progressive judicial decisions on fundamental rights in South Africa. By contrast over the same period, the longer-established ... -
The choice of law in torts
(Trinity College (Dublin, Ireland). School of Law, 2012)In today’s increasingly global village, facilitated by the widespread availability of telecommunications, air, rail and road links, it is easy to make the assumption, particularly in multistate entities such as the United ... -
The effects of the Unfair Commercial Practices Directive on Irish law
(Trinity College (Dublin, Ireland). School of Law, 2009)The Unfair Commercial Practices Directive (“UCPD”) is a legal measure of significant import. It establishes a “single general prohibition of unfair commercial practices distorting consumers economic behaviour” across the ... -
War of the worlds? : Pluralism vs. market liberalisation: the European regulation of the television broadcasting sector
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis makes the case for the European regulation of media concentration in the television broadcasting sector. Television broadcasting is currently undergoing substantial and rapid changes. The phenomena of digitalisation ... -
The law of subrogation
(Trinity College (Dublin, Ireland). School of Law, 2000)This thesis attempts a thorough review of the law of subrogation as applied in Ireland and England, with reference to the law of other common law jurisdictions and to the views of certain civil law writers. It first ... -
Directors' duties : old principles, new perspectives
(Trinity College (Dublin, Ireland). School of Law, 2008)In managing a company on behalf of the shareholders, directors are possessed of significant freedom. This freedom is constrained by the duties owed by directors to the company, duties which were initially developed by the ... -
Criminal procedure and mental health
(Trinity College (Dublin, Ireland). School of Law, 2000)This thesis is a critical evaluation of criminal procedure and mental health in Ireland, concentrating in particular on fitness to plead, insanity acquittals, transfers from ordinary mental hospitals to the Central Mental ... -
Private property rights in the Irish Constitution
(Trinity College (Dublin, Ireland). School of Law, 2011)This Thesis analyses the protection of private property rights in the Irish Constitution both critically and constructively. Critically, it examines the results driven nature of Irish constitutional property doctrine through ... -
The legal assimilation of same-sex family units in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2015)This PhD thesis critically examines how Irish law can promote the effective assimilation of same-sex family units into Irish society. Initially, the thesis assesses the potential for marriage equality under Irish law. The ... -
Vindicating rights through the tortious liability of public authorities : themes and tensions in comparative perspective
(Trinity College (Dublin, Ireland). School of Law, 2010)The specific question addressed in this thesis is; to what degree are the core constituent ingredients in, and the outcomes of, domestic causes of action in the tortious liabihty of pubhc authorities being influenced by ... -
Choice in context : a relational perspective on coercion in the Law of Contract and the Law of Marriage
(Trinity College (Dublin, Ireland). School of Law, 2001)The rhetoric of freedom is sometimes too readily accepted. It has infected, in particular, the discourses and doctrines of law, especially in the field of so-called ‘private ordering’. Thus it is regularly considered ... -
Deposit insurance protection and a financial safety net in need of mending. Lessons learned and the case for further integration, harmonization and rational improvement following the 2008-2009 worldwide financial pandemic
(Trinity College (Dublin, Ireland). School of Law, 2010)The latest financial crisis has exposed many ongoing deficiencies in the design, implementation and funding of deposit insurance programs in the United States, similar schemes in the European Union, and protective programs ... -
The causes of divergence between law and economics in European Competition Policy
(Trinity College (Dublin, Ireland). School of Law, 2006)This work is an examination of the causes of divergence between the competition law of the European Communities, specifically Articles 81 and 82 of the E.C. Treaty and the regulation of mergers, and the microeconomic ... -
People, states and hope : cosmopolitanism and the future of international law
(Trinity College (Dublin, Ireland). School of Law, 2010)The term “cosmopolitanism” has been said to have become a key word of our time. The thesis presented here is that the political philosophy of cosmopolitanism is of relevance to, and has a history within, international law, ... -
An audit of Irish mental health law for compliance with international human rights norms in respect of seven categories of 'mental health rights claims' : positive and negative findings, and recommendations for reform
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis subjects the legal regulation of the civil mental health law regime in Ireland to a ‘human rights audit’ subsequent to the implementation of the Mental Health Act 2001 (MHA 2001). The following structure is ... -
Judicial review of political processes
(Trinity College (Dublin, Ireland). School of Law, 2013)This PhD thesis addresses the question whether the operation of the Irish superior courts in constitutionally reviewing political processes - with the power to strike them down - is a valuable institution that is compatible ... -
The rights of companies under the Irish Constitution : a comparative and philosophical analysis
(Trinity College (Dublin, Ireland). School of Law, 2006)This thesis explores the existing Irish case law concerning the constitutional protection of companies as well as the approach taken in other jurisdictions. It sets out this case law and thus brings together material ...
