School of Law: Recent submissions
Now showing items 241-260 of 320
-
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 ... -
The nihilism of the law of Ireland
(Trinity College (Dublin, Ireland). School of Law, 2011)Three arguments concerning Irish law are advanced in this dissertation. Firstly, it is argued (a) that the earlier jurisprudence of the Irish Supreme Court held that the constitutionally protected natural human rights can ... -
Union citizenship, the Marshallian model and the protection of social rights
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis seeks to examine whether Union citizenship protects social rights to the extent necessary for it to be legitimately be described as 'citizenship'. The research methodology is primarily a doctrinal one and places ... -
Liability and peaceful, civil space activities at national, regional and international levels : selected legal issues
(Trinity College (Dublin, Ireland). School of Law, 2010)The thesis "Liability and Peaceful Space Activities: Selected Legal Issues at National, Regional and International Levels" defines space activities by reference to the historical development of the space industry, its ... -
Integration and Law : the Irish experience in its international and European context
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines the interaction between integration and law, from an Irish perspective. It explores the legal dimensions of the concept of integration and its coherence in a European and international context. It ... -
Issues in defective medicinal product litigation
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis explores two issues in medicinal product defect litigation. The first issue relates to the difficulty that people have in suing pharmaceutical companies for medicinal product defects. The second issue involves ... -
Convergence and the right to communicate : assessing the application of media law to the internet
(Trinity College (Dublin, Ireland). School of Law, 2010)The regulation of radio and television broadcasting through law is an established area of interest. The idea of 'cyberlaw' or Internet law has, after a period of initial division and reflection, emerged as an important ... -
Children's rights in private international law
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis will look at the dialogue that is currently taking place between children's rights and private international law to discover the extent to which the concepts of the first are and can be successfully incorporated ... -
Constitutional standards of review in Ireland and Canada : comparison and evaluation
(Trinity College (Dublin, Ireland). School of Law, 2013)This thesis is a comparative, critical analysis of standards of review for legislative limitations of constitutional rights, its primary focus is on Ireland, though Canada is also discussed in detail. It compares Irish and ... -
Deadlock or discontinuity : constitutional and legal aspects of the partition of Ireland in the light of the Good Friday Agreement
(Trinity College (Dublin, Ireland). School of Law, 2007)This work examines constitutional and legal aspects of partition, in the light of historical developments since the passing of the Government of Ireland Act 1920, and in particular in the context of the Good Friday Agreement. ... -
The development of judicial review of legislation and Irish constitutional law 1929-1941
(Trinity College (Dublin, Ireland). School of Law, 2001)The years between 1929 to 1941 were momentous ones for Irish constitutional law, yet to date the striking developments which took place during this period have not been sufficiently explored by either lawyers or historians. ... -
Realising the right to health in private and public law
(Trinity College (Dublin, Ireland). School of Law, 2013)The methods used in this thesis were primarily literature-based involving a review of relevant international and national jurisprudence relating to international human rights law, constitutional law, administrative law and ... -
Toward reasonable accomodation of Islam in the Irish legal system : a focus on employment, education and healthcare
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines accommodation of religious practice in the Irish legal system. The current level of accommodation is analysed with particular focus on the constitutional principles set out in the Supreme Court case ... -
An analysis of Irish bribery law
(Trinity College (Dublin, Ireland). School of Law, 2015)The bribery offences are a much neglected area of law, both from an academic and from a practical perspective. Although the existing statutory offences can trace their origins to the dawn of the twentieth century, there ... -
From swords into ploughshares : transitions, international law and policy
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis considers international assistance to transitions. In particular, it examines the relationship between the areas of transitional justice, peace-building, security sector reform and economic development in ... -
Defence to the Legislature : a study of judicial deference to legislative constitutional decision-making
(Trinity College (Dublin, Ireland). School of Law, 2007)In recent times courts and legal scholars have paid increased attention to the concept of judicial deference. This thesis examines one discrete strand of the debate - judicial deference to legislative constitutional ... -
The implementation of international law in the Irish legal system : the effect of European Union membership
(Trinity College (Dublin, Ireland). School of Law, 2011)As the competence of the European Union (EU) in the field of international relations has expanded, the role of the EU in the implementation of international obligations has correspondingly increased. This thesis examines ... -
The public interest defence and damages for defamation : comparative theoretical and constitutional perspectives for Irish law
(Trinity College (Dublin, Ireland). School of Law, 2009)The thesis examines the Irish constitutional relationship between the Article 40.6. 1°(i) right to freedom of expression and Article 40.3.2° right to good name in the context of defamation law. It is argued that defamation ...
