Browsing School of Law by Title
Now showing items 167-186 of 280
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The principle of equal treatment: widening and deepening
(OUP, 2011) -
Prison Inspection and Monitoring: The Need to Reform European Law and Policy
(2019)Prison inspection and monitoring bodies are important safeguards against breaches of human rights. In recent years, prison inspection and monitoring has become a key focus for international human rights standards, particularly ... -
Prison Law in Ireland Enters Adulthood: Simpson v Governor of Mountjoy Prison
(2021)Simpson v. Governor of Mountjoy Prison represents a considerable maturing of prison law jurisprudence in Ireland. Until very recently, prison law has been a niche area of legal practice and suffered from a lack of specialist ... -
Prison Law: Prisoner Experiences of Accountability Mechanisms in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2022)Despite the growth in bodies which play a role in prison accountability, limited data exists on how prisoners experience structures set up to achieve accountability, in particular inspection and monitoring bodies, and those ... -
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 • ... -
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 ... -
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 ... -
Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation
(2017)This article evaluates the constitutionality of the restrictions upon tobacco packaging in Ireland in the Public Health (Standardised Packaging of Tobacco) Act 2015 and Part 5 of the Health (Miscellaneous Provisions) Act ... -
A proposal for a single model of equitable estoppel
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The research objectives were to build a unified equitable estoppel model that simplified the irregularities in the equitable estoppels as identified in England, while consolidating the essential principles to be applied ... -
The Prospective and Retrospective Effect of Judicial Decisions in Ireland
(Springer, 2015) -
Protecting childhood: a children's rights approach to the interpretation of the 1951 Convention relating to the Status of Refugees
(Trinity College Dublin. School of Law. Discipline of Law, 2017)This thesis explores the possibility of a children?s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children?s rights approach, ... -
Rationality, Regularity and Rule ? Juridical Governance of/by Official Development Assistance
(2022)Powerful yet hidden juridical dimensions to Official Development Assistance (ODA) exist whose quality and relationship to law remain overlooked. Donors’ reliance on bureaucratic and technocratic governance instruments to ... -
Reading the fine print when buying your genetic self online: direct-to-consumer genetic testing terms and conditions
(2017)Contracts are ubiquitous online. Clickwrap and browsewrap agreements are to be encountered on almost every website a person engages with when accessing services online. Through these documents, people enter into binding ... -
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 ... -
Reassessing the approach to jurisdiction in civil and commercial matters: Party autonomy, categorical equality and sovereignty
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The subject of conflict of laws and the topic of judicial jurisdiction in particular are not often theorised about. This work aims to contribute to the scholarship in the area by offering a revised look on values ... -
Reconceptualising the First African Women's Protocol Case to Work for All Women
(2019)The ECOWAS Court of Justice is the first human rights body to find a violation of the African region’s women’s rights treaty, the African Women’s Protocol. Nearly 15 years after the adoption of this Protocol, the ECOWAS ... -
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 ... -
Reflections and Recommendations on the Identity and Language (Northern Ireland) Bill 2022 / Machnaimh agus Moltá ar an mBille Féiniúlachta agus Teanga (Tuaisceart Éireann) 2022
(2023)The 2022 Bill represents a ‘first generation’ piece of minority language legislation in that it neither seeks to impose strict, rights-based standards nor punitive deterrent sanctions. In this respect, the legislation ...
