Browsing Law School (Theses and Dissertations) by Title
Now showing items 21-40 of 137
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The Constitutional Boundaries of European Fiscal Federalism: A Study of Public Finance Governance in the European Economic and Monetary Union
The first principal task of this research undertaking is to identify the constitutional boundaries of fiscal federalism that are integral to the stability of the European Union legal order as a whole. The second principal ... -
Constitutional equality in Ireland : a critical account
(Trinity College (Dublin, Ireland). School of Law, 2004)The ideal of equality has become increasingly prominent in Irish political discourse. Article 40.1 of the Constitution of Ireland, 1937 guarantees the equality of all citizens, as human persons, before the law, but has ... -
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 ... -
Constructing Accountability in Business and Human Rights: An Investigation of the Development of Foreign Direct Liability Litigation and Feasibility in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2021)Constructing Accountability in Business and Human Rights: An Investigation of the Development of Foreign Direct Liability Litigation and Feasibility in Ireland RACHEL WIDDIS This thesis is situated within the ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
The data privacy / national security balancing paradigm as applied in the USA and Europe: Achieving an acceptable balance
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The overall research question addressed in this thesis is the data privacy/national security balancing paradigm, and the contrasting ways in which this operates in Europe and the U.S. Within this framework, the influences ... -
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. ... -
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 ... -
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 ... -
Democracy and international law : an analysis of the origins of democracy, its relationship with international law and its applicability to modern international institutions
(Trinity College (Dublin, Ireland). School of Law, 2010)This thesis utilises legal history, comparative law, the law of state organization and international economic law, as well as analyses of political scientists, national and international jurisprudence and original systematic ... -
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 ... -
Deterrence and Asylum: A comparative socio-legal perspective on the credibility assessment of separated children seeking international protection
(Trinity College Dublin. School of Law. Discipline of Law, 2022)The number of separated children seeking asylum in Europe has increased substantially over recent years. While it is acknowledged that separated children seeking asylum pose additional unique challenges for refugee status ... -
Developing an Understanding of `Compromised Consent¿: How reconsideration of consent as a legal concept may inform a feminist theoretical framework for the introduction of `Nordic Model¿ prostitution laws and did inform the motivations of lawmakers in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2022)The focus of this thesis is upon the development of prostitution law in Ireland leading up to and including the introduction of the so-called `Nordic model¿ approach into Irish law through Part 4 of the Criminal Law (Sexual ... -
Developing trends in the Catholicity of judicial decisions on the Constitution
(Trinity College (Dublin, Ireland). School of Law, 2010)In this thesis I examine the development of Catholicity as an influence on judicial decisions on the Constitution. When I refer to Catholicity, it concerns Catholic thought, Catholic social teaching, clerical intervention ... -
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 ... -
Disproving the Claim of Inherent Incompatibility Between Islamic Criminal Law and International Human Rights Law
(Trinity College Dublin. School of Law. Discipline of Law, 2022)Is Islamic Criminal Law incompatible with International Human Rights Law? If so, is this incompatibility inherent arising by reason of the texts of both Sharia and the International Bill of Rights, or does it exist by ...