Browsing Law School (Theses and Dissertations) by Title
Now showing items 1-20 of 137
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A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity
(Trinity College (Dublin, Ireland). School of Law, 2011)Since the post-apartheid constitutional era connmenced almost two decades ago, there have been many progressive judicial decisions on fundamental rights in South Africa. By contrast over the same period, the longer-established ... -
A perfection of means and confusion of aims : finding the essence of autonomy in assisted death laws
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis was developed through standard library-based research methods as well as legal research conducted via the internet and electronic databases including LexisNexis, QuickLaw, Westlaw and HeinOnline as well as the ... -
A theory of institutional separation for the administrative state
(Trinity College (Dublin, Ireland). School of Law, 2007)In its efforts to elaborate an institutional theory of separation for the administrative state, this thesis employed a number of distinct methodologies. Its key methodological step was the development of evaluative criteria ... -
Addressing gender imbalance on boards of state-owned enterprises in Ireland through regulatory intervention : a hard and soft law perspective
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis aims to analyse different regulatory approaches and identify how regulation can be effectively used to address gender imbalance on boards of Ireland’s SOEs. The research is conducted through a theoretical and ... -
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 ... -
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 ... -
An examination of the extent to which reckless conduct precipitated the contemporary global financial crisis and an ensuing evaluation of existing and potential appropriate sanctions and offences for deemed reckless conduct in respect of corporate governance and with an express focus on the financial sector
(Trinity College (Dublin, Ireland). School of Law, 2016)The curious question of further expanding legal provisions to deter against reckless conduct and excessive risk-taking, having regard to the financial sectors and indeed corporate governance generally, is undoubtedly one ... -
Are the existing mechanisms and instruments available to the institutions of the EU sufficient to achieve effective harmonisation of Member States' direct tax regimes?
(Trinity College Dublin. School of Law. Discipline of Law, 2018)This thesis examines the various mechanisms and instruments available to the institutions of the EU with a view to determining whether they could enable the EU to achieve an effective harmonisation of the Member States' ... -
Assembly-lines and obstacle courses : the pre-trial process in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2008)This is a study of the pre-trial process in Ireland, i.e. the early, investigative stage of the criminal process. From the early years of the State up to the present, this element of the Irish criminal justice system has ... -
Behind 'The Last Door': Prison Managers' Experiences of Accountability and Oversight
(Trinity College Dublin. School of Law. Discipline of Law, 2022)Prison oversight is regarded by penology scholars as an essential means by which human rights and humane conditions in prison are upheld. However, despite significant growth in the number of oversight bodies in Ireland, ... -
Between Dominance and Subservience: A Comparative Study of Executive Power in Ireland, the United Kingdom, and the United States.
(Trinity College Dublin. School of Law. Discipline of Law, 2021)This thesis undertakes a comparative constitutional analysis of the position of the political executive in Ireland, United Kingdom, and the United States. I address three central questions. First, why has the executive ... -
Beyond corporate incapacity, or, how I learned to stop worrying and love the ultra vires doctrine
(Trinity College (Dublin, Ireland). School of Law, 2009)The research contained in this thesis was conducted by employing the conventional techniques of academic legal research, drawing on a variety of primary and secondary legal materials. The law governing the principal topics ... -
Breaking with transition : the EU VAT system and the Internal Market
(Trinity College (Dublin, Ireland). School of Law, 2006)This thesis focuses on VAT in the context of the EU internal market. Its central objective is to prove that the current EU VAT system is incompatible with the concept of internal market, as set out in the EC Treaty and ... -
Bridging a Divide: The Relationship between the Evolving Posted Workers Directive and Posted Workers Experience of Precarity
(Trinity College Dublin. School of Law. Discipline of Law, 2022)This is a sociolegal study looking at the legal framework on the posting of workers in the EU. While it may be viewed as a specialised area of EU labour law concerning barely a few million workers, it serves as a magnifying ... -
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 ... -
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 ... -
Choice in context : a relational perspective on coercion in the Law of Contract and the Law of Marriage
(Trinity College (Dublin, Ireland). School of Law, 2001)The rhetoric of freedom is sometimes too readily accepted. It has infected, in particular, the discourses and doctrines of law, especially in the field of so-called ‘private ordering’. Thus it is regularly considered ... -
Collective organisation and external regulation of professional rugby league in the United Kingdom
(Trinity College (Dublin, Ireland). School of Law, 2010)This thesis examines the external regulation of professional rugby league in the United Kingdom. It considers specifically the employment of players in the Super League competition by British clubs. In the course of this ... -
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 ... -
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 ...