Browsing Law School (Theses and Dissertations) by Title
Now showing items 15-34 of 137
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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 ... -
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 ...