Law School (Theses and Dissertations): Recent submissions
Now showing items 61-80 of 156
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The international legal right of children to be heard in proceedings affecting them and implemenation in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis explores the nature of the right of children to be heard in proceedings affecting them as enshrined in the Convention on the Rights of the Child (CRC), the international obligations which it creates, and how ... -
Drug markets, crime and community safety in Ireland : an analysis of drug law enforcement in three local drug markets
(Trinity College (Dublin, Ireland). School of Law, 2014)This thesis seeks to investigate an area that has been largely neglected in academic criminological study, namely the impact of drug markets and drug law enforcement strategies on local communities. In order to develop an ... -
Corporate Governance of State-owned Enterprises: A Framework for Addressing Board Accountability Deficit in State-owned Enterprises
(Trinity College Dublin. School of Law. Discipline of Law, 2019)Accountability is the quintessence of a successful corporate governance regime; it pushes a board act in the best interests of an SOE and ensures a board is responsible for its actions. This thesis highlights how accountability ... -
The potential role of the right to procreative autonomy in Irish law in relation to the use of assisted reproductive technologies
(Trinity College (Dublin, Ireland). School of Law, 2013)This thesis promotes the recognition of a right to procreative autonomy in Irish law in relation to the use of assisted reproductive technologies (ARTs). Ireland has yet to legislate for ARTs. The thesis suggests that the ... -
Winds of change : an analysis of the duties of the Irish State relevant to the development and sale of electricity from onshore wind
(Trinity College (Dublin, Ireland). School of Law, 2015)This thesis seeks to analyse 'the duties of the Irish State which are relevant to the development and sale of electricity from onshore wind.' While it might be more traditional to have one core research question, the ... -
The EU Charter of Fundamental Rights : an originalist analysis
(Trinity College (Dublin, Ireland). School of Law, 2015)This thesis is about the method by which a novel and unusual form of law ought to be interpreted. That law is the European Charter of Fundamental Rights (CFR), which was drafted in 2000 and first given legal effect in 2009. ... -
Television courtroom broadcasting : a normative analysis of the legal-policy issues, challenges and opportunities regarding TCB effects-research
(Trinity College (Dublin, Ireland). School of Law, 2015)There has been a lot of popular opinion based discussion in relation to TCB issues. Frequently the arguments propose that there will/will not be particular effects. Yet TCB needs a ‘proper, evidence-based assessment’ ... -
Legislating Against Hate Crime: Considering International Frameworks for an Irish Context
(Trinity College Dublin. School of Law. Discipline of Law, 2019)Across the common law world, legislation which has the aim of combating hate crime has become a familiar part of the criminal code. The Irish State has been historically reluctant to introduce hate crime legislation, and ... -
Remedies for defective housing: devising a model for legal redress and regulatory reform
(Trinity College Dublin. School of Law. Discipline of Law, 2019)A number of significant building failures have come to light in Ireland in the past twenty years. These failures widespread non-compliance with Building Regulations, necessitating the evacuation of the Priory Hall apartments ... -
Procedural Transparency in Investor-State Arbitration
(Trinity College Dublin. School of Law. Discipline of Law, 2019)The aim of this thesis is to contribute to a paradigm shift from confidentiality to greater transparency in investor-state arbitration by providing a theoretical framework for that paradigm shift and by demonstrating how ... -
The convergence of laws : a typology of implementation models and factors
(Trinity College (Dublin, Ireland). School of Law, 2007)This thesis is divided into five parts and eight chapters. In the first part of the thesis one finds Chapters 1 and 2, which are purely introductory. In the second part one finds the models proposed, within Chapters 3 and ... -
The Irish Statute Book : a constraint on the functioning of a true democracy
(Trinity College (Dublin, Ireland). School of Law, 2006)Comprised of approximately 3,000 Acts enacted since the foundation of the State and a further 500 pre-1922 Acts, the Irish Statute Book has not been subjected to a detailed examination as to its form and present condition. ... -
Influences on the role of law for railways in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2006)The thesis traces influences on the development of the role of law for railways in Ireland. A focus on their place in the milieu of infrastructure, technology, enterprise and administration was used as a framework. The ... -
Declarations of Unconstitutionality in the Common Law Tradition: A Comparative and Theoretical Analysis
(Trinity College Dublin. School of Law. Discipline of Law, 2019)This thesis is a comparative and theoretical study of declarations of unconstitutionality. It combines a comparative analysis of the laws of Ireland, Canada, the United States, India and South Africa with a jurisprudential ... -
Patient Safety and the Law : A Multi-Jurisdictional Comparative Assessment of Strategies to Reduce Medical Error and Improve Patient Safety
(Trinity College (Dublin, Ireland). School of Law, 2017)In 1999, the Institute of Medicine released their landmark report To Err is Human: Building a Safer Health System. The report drew wide-spread attention to the unacceptable number of adverse events occurring within the ... -
Pathogens, punishment and public health : some jurisdictions have not yet prosecuted exposure to, or transmission of, a pathogen during sexual activities - should they do so now?
(Trinity College (Dublin, Ireland). School of Law, 2017)To address the central question, I consider the philosophical and theoretical perspectives relating to criminalisation and punishment, concluding that criminalisation may be justified on a standard harm analysis but that ... -
Who Is Running The Company? Secured Lender Influence over the Board of Debtor Companies.
(Trinity College Dublin. School of Law. Discipline of Law, 2018)Commercially secured lenders may be tempted to interfere in the running of debtor companies. This thesis investigates to what extent directors? duties can act to potentially restrict that influence. It does this by providing ... -
The Conditions for Obtaining Legal Gender Recognition: A Human Rights Evaluation
(Trinity College Dublin. School of Law. Discipline of Law, 2018)This thesis evaluates how human rights law can impact the requirements which states impose as pre-conditions for legal gender recognition. At the international level ? within United Nations and regional human rights ... -
The Corporate Governance of Multiple Sharia' Board Directorship Practice Under the Centralised Approach: A Case Study of Qismut+3 South East Asia Divisional Members of Malaysia And Indonesia
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The raison d'être of this thesis is to scrutinize the corporate governance framework for Islamic financial institutions ( IFIs ) vis-à-vis the multiple Sharia' board directorship practice in two significant members of the ... -
Reconsidering the goals of Irish corporate rescue law : identifying appropriate models and legal provisions suitable for a small open economy
(Trinity College (Dublin, Ireland). School of Law, 2016)The Companies (Amendment) Act, 1990 as amended has proven to be one of the most controversial pieces of commercial legislation introduced in the State. This thesis investigates for the most part formal company rescue law ...
