Browsing Law School (Theses and Dissertations) by Title
Now showing items 29-48 of 137
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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 ... -
Drug markets, crime and community safety in Ireland : an analysis of drug law enforcement in three local drug markets
(Trinity College (Dublin, Ireland). School of Law, 2014)This thesis seeks to investigate an area that has been largely neglected in academic criminological study, namely the impact of drug markets and drug law enforcement strategies on local communities. In order to develop an ... -
Extra-legal steadying factors' in the Article 267 TFEU preliminary reference procedure
(Trinity College (Dublin, Ireland). School of Law, 2017)This dissertation presents the thesis that there are 'extra-legal steadying factors' in the EU legal system and the preliminary reference procedure that serve to reduce significantly the impact of obstacles to 'legal ... -
Family mediation in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2001)Empirical research into the operation of the family mediation service in the Republic of Ireland is set against a backdrop of theoretical and practical discussion. Chapter One analyses the principles and practices of various ... -
Financial provision on marital breakdown in Ireland : a comparative and empirical study
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis examines property division and financial provision on matrimonial breakdown in Ireland. The primary question addressed is whether Ireland should move from a separation of assets approach, ameliorated by equitable ... -
Freedom or Free-For-All in Irish Healthcare? Establishing Improved Consumer Protection Mechanisms in the Irish Complementary and Alternative Medicine Sector
(Trinity College Dublin. School of Law. Discipline of Law, 2017)Despite political rhetoric, the establishment of working groups, and the publication of commissioned reports in the early and mid-2000s recommending improvements in the regulation of the Irish complementary and alternative ... -
From resistance to deliberation A deliberative conception of the right to resist from South American constitutions, illustrated by Chilean uprising and constituent process
(Trinity College Dublin. School of Law. Discipline of Law, 2023)I will propose a deliberative conception of the right to resist. I will argue that this conception can help to complement the model of democratic representation when fails. This conception offers three characteristics. ... -
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 ... -
The Horizontal Effect of the European Charter of Fundamental Rights in EU Labour Law
(Trinity College Dublin. School of Law. Discipline of Law, 2024)In 2018, in Bauer and Broßonn, the Court of Justice of the European Union (CJEU) ruled that a worker can enforce the right to paid annual leave against his or her employer based on the Charter of Fundamental Rights of ...