Browsing Law School (Theses and Dissertations) by Title
Now showing items 42-61 of 137
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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 ... -
How has the case law taken by Roma applicants to the European Court of Human Rights affected the interpretation and development of Article 14 of the European Convention on Human Rights?
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis is based on the development of Article 14 of the European Convention on Human Rights in light of the cases taken by Roma to the European Court of Human Rights. Three distinct areas will be covered: Article 14 ... -
HUMAN RIGHTS PROOFING DIGITAL SURVEILLANCE TECHNOLOGIES: THE REFLEXIVE DST WUNDERKAMMER FOR CIVIL SOCIETY ORGANISATIONS
(Trinity College Dublin. School of Law. Discipline of Law, 2023)I have explored in this thesis how Digital Surveillance Tech (DST) can be human rights proofed in areas of privacy to help emancipate vulnerabilised communities. Human rights proofing refers to creating forms of human ... -
Influences on the role of law for railways in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2006)The thesis traces influences on the development of the role of law for railways in Ireland. A focus on their place in the milieu of infrastructure, technology, enterprise and administration was used as a framework. The ... -
Injustice in dismissal : the anti-dismissal injunction
(Trinity College (Dublin, Ireland). School of Law, 2013)The purpose of this research is to analyse, primarily by reference to the written judgments delivered in the Superior Courts, the development of the anti-dismissal injunction and associated complexities which can lead to ... -
Integration and Law : the Irish experience in its international and European context
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines the interaction between integration and law, from an Irish perspective. It explores the legal dimensions of the concept of integration and its coherence in a European and international context. It ... -
Is the United Kingdom Becoming a Federal State?
(Trinity College Dublin. School of Law. Discipline of Law, 2022)This thesis investigates whether the devolution processes that were triggered at the turn of the millennium have turned the United Kingdom into a federal state. Based on an analysis of the Welsh, Scottish, and Northern ... -
Issues in defective medicinal product litigation
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis explores two issues in medicinal product defect litigation. The first issue relates to the difficulty that people have in suing pharmaceutical companies for medicinal product defects. The second issue involves ... -
Judicial Culture and Social Rights
(Trinity College Dublin. School of Law. Discipline of Law, 2021)My doctoral thesis explores the conditions under which judicial protection of social rights develops within common law jurisdictions. Social rights relate to material interests necessary for human survival and flourishing, ... -
Judicial review of political processes
(Trinity College (Dublin, Ireland). School of Law, 2013)This PhD thesis addresses the question whether the operation of the Irish superior courts in constitutionally reviewing political processes - with the power to strike them down - is a valuable institution that is compatible ... -
The Law of Securitisation in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The process of securitisation is a new and innovative financing method that enables capital utilisation, improves market efficiency and allows a better allocation of risk. Evolved over the last few decades, securitisation ... -
The legal scope to use public procurement to achieve horizontal objectives
(Trinity College Dublin. School of Law. Discipline of Law, 2020)The fundamental object of public procurement concerns the acquisition of a product, the delivery of a service or the completion of a work. Where a contracting authority seeks to incorporate criteria which are not necessary ... -
Legislating Against Hate Crime: Considering International Frameworks for an Irish Context
(Trinity College Dublin. School of Law. Discipline of Law, 2019)Across the common law world, legislation which has the aim of combating hate crime has become a familiar part of the criminal code. The Irish State has been historically reluctant to introduce hate crime legislation, and ... -
Liability and peaceful, civil space activities at national, regional and international levels : selected legal issues
(Trinity College (Dublin, Ireland). School of Law, 2010)The thesis "Liability and Peaceful Space Activities: Selected Legal Issues at National, Regional and International Levels" defines space activities by reference to the historical development of the space industry, its ...