Law School: Recent submissions
Now showing items 41-60 of 319
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An Interactive Relationship: Equality, Ireland, and EU Law
(Verfassungsblog on Matters Constitutional, 2023) -
HUMAN RIGHTS PROOFING DIGITAL SURVEILLANCE TECHNOLOGIES: THE REFLEXIVE DST WUNDERKAMMER FOR CIVIL SOCIETY ORGANISATIONS
(Trinity College Dublin. School of Law. Discipline of Law, 2023)I have explored in this thesis how Digital Surveillance Tech (DST) can be human rights proofed in areas of privacy to help emancipate vulnerabilised communities. Human rights proofing refers to creating forms of human ... -
Changed Utterly: Conceptual Stretching and the Impact of the Tax Cases on EU State Aid Law
(Trinity College Dublin. School of Law. Discipline of Law, 2023)Article 107(1) TFEU was originally designed to regulate the grant of subsidies by Member States but it has been applied increasingly in recent years to regulate tax measures. Attempts to apply the State aid rules in this ... -
Three Binaries in People v Arctic Oil
(University of Groningen Press, 2022)In People v Arctic Oil, courts in Norway considered the question of whether the constitutional right to environment entails a duty of care on the state for curtailing emissions from oil exports. The cause of action was ... -
Leaving the Union: Constitutionalising Secession Rights in the United Kingdom
(2022)Among the many consequences of Brexit has been increased territorial tension within the United Kingdom (UK). This article assesses whether the four constituent units of the UK have a right to secede. Exploring the legislative ... -
Report on Cross-border Use of Company Information
(European Commission, 2023) -
Report on Transparency of Company Data
(European Commission, 2023) -
From resistance to deliberation A deliberative conception of the right to resist from South American constitutions, illustrated by Chilean uprising and constituent process
(Trinity College Dublin. School of Law. Discipline of Law, 2023)I will propose a deliberative conception of the right to resist. I will argue that this conception can help to complement the model of democratic representation when fails. This conception offers three characteristics. ... -
Competition Law and the Regulation of Non Controlling Minority Interests: The Regulatory Gap
(Trinity College Dublin. School of Law. Discipline of Law, 2023)This thesis explores the regulation of minority interests (both cross and common) under Irish and EU competition law. It examines the economic theories of harm regarding cross and common minority shareholdings which, in ... -
Regulating Crowdlending: A Critical Analysis of the European Union?s ECSPR
(Trinity College Dublin. School of Law. Discipline of Law, 2023)In 2020, the EU made its first foray into crowdlending regulation with the European Crowdfunding Service Providers for Business Regulation. This thesis explores whether the ECSPR has adequately responded to its regulatory ... -
Ireland: The weak European supervision of prison policies and its explanations
(2022)Ireland has a long history as a member state of the Council of Europe and its supervisory mechanisms. Given the absence of the European Court of Human Rights case law regarding Ireland, this chapter will focus on the impact ... -
Histories of Penal Oversight
(Emerald, 2022)The oversight of prisons is essential to ensure that what happens within them is in compliance with human rights standards and the rule of law. This oversight can happen through formal mechanisms, such as prison inspection ... -
Social Rehabilitation and Torture Prevention Bodies
(Routledge, 2023)Freedom from torture and inhuman and degrading treatment or punishment is a precondition for social rehabilitation in practical and symbolic ways. The prevention of torture is therefore of fundamental importance for the ... -
The Worker and the Constitution: A Theory of Constitutional Labour Law
(Trinity College Dublin. School of Law. Discipline of Law, 2023)This thesis constructs a theoretical justification for the phenomenon of ?constitutional labour law? ? that is, legal decisions about the interaction between constitutional norms, including human rights, and the labour ... -
2020 Amendment, the 'Full Growth' of the Chinese Copyright Regime?
(2022)On 1 June 2021, Copyright Law of the People’s Republic of China 2020 Amendment came into enforcement and became a milestone in China’s short 30-year copyright history. Two revisions in the Amendment are fundamental and of ... -
Prisoners tell how they experience inspections and the complaints system
(2021)In 2018 and 2019, researcher Sophie van der Valk carried out research on inspection and complaints in three Irish prisons. Ms van der Valk wanted to: • learn how prisoners experienced inspection by outside groups • ...
