Browsing Law School (Theses and Dissertations) by Title
Now showing items 79-98 of 137
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Realising the right to health in private and public law
(Trinity College (Dublin, Ireland). School of Law, 2013)The methods used in this thesis were primarily literature-based involving a review of relevant international and national jurisprudence relating to international human rights law, constitutional law, administrative law and ... -
Reassessing the approach to jurisdiction in civil and commercial matters: Party autonomy, categorical equality and sovereignty
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The subject of conflict of laws and the topic of judicial jurisdiction in particular are not often theorised about. This work aims to contribute to the scholarship in the area by offering a revised look on values ... -
Reconsidering the goals of Irish corporate rescue law : identifying appropriate models and legal provisions suitable for a small open economy
(Trinity College (Dublin, Ireland). School of Law, 2016)The Companies (Amendment) Act, 1990 as amended has proven to be one of the most controversial pieces of commercial legislation introduced in the State. This thesis investigates for the most part formal company rescue law ... -
Reforming the framework for employment litigation and dispute resolution in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2013)This Research Project critically appraises the current dispute resolution mechanisms for employment law in Ireland. This exploration provides the basis for submissions to improve the overall service for workers, employers ... -
Regulating Crowdlending: A Critical Analysis of the European Union?s ECSPR
(Trinity College Dublin. School of Law. Discipline of Law, 2023)In 2020, the EU made its first foray into crowdlending regulation with the European Crowdfunding Service Providers for Business Regulation. This thesis explores whether the ECSPR has adequately responded to its regulatory ... -
Remedies for defective housing: devising a model for legal redress and regulatory reform
(Trinity College Dublin. School of Law. Discipline of Law, 2019)A number of significant building failures have come to light in Ireland in the past twenty years. These failures widespread non-compliance with Building Regulations, necessitating the evacuation of the Priory Hall apartments ... -
Renewable energy in Ireland : law, policy and practice
(Trinity College (Dublin, Ireland). School of Law, 2001) -
Restitution from public authorities in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines the law of restitution from public authorities in Ireland. It operates on two levels. First, it is the first large scale research project on the law of restitution in Ireland. It also analyses the law ... -
The Right to Religious Freedom under International Human Rights Law and Islamic Jurisprudence: A Re-Interpretation
(Trinity College Dublin. School of Law. Discipline of Law, 2022)This thesis examines the Right to Freedom of Religion under the International Human Rights legal regime and Islamic jurisprudence. It does so in order to highlight the shortcomings of the way this right is interpreted under ... -
The rise of private policy in the digital market: consequences for fundamental rights and the rule of law
(Trinity College Dublin. School of Law. Discipline of Law, 2020)The work which follows examines the process by which private actors in the digital market are redefining fundamental rights through their contractual terms and practical operation. The argument is allied to works which ... -
Shareholder Engagement in EU and Irish Corporate Governance Law: The Impact of theRevised Shareholders Rights Directive.
(Trinity College Dublin. School of Law. Discipline of Law, 2020)This thesis is concerned with the operation of shareholder democracy across the European Union and especially in relation to Irish public listed companies and Irish institutional investors and asset managers. More specifically, ... -
The Significance of the Supervision of Directors of Financial Institutions and the Boom-And-Bust Cycles
(Trinity College Dublin. School of Law. Discipline of Law, 2019)The thesis is focused on an analysis of the significance of the supervision of the directors of financial institutions and the impact that results from the cycles of booms-and-busts. The thesis examines whether or not the ... -
Statutory interpretation and the rule of law in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2014)This PhD thesis addresses the theory that the default preference for literal interpretation in the statutory context instantiates a formal conception of the rule of law. This claim is reflected in the Irish constitutional ... -
Support measures for child witnesses in criminal proceedings in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2016)Recent constitutional, legislative and cultural changes have encompassed a significant restructuring of the rights framework for the child in Irish society. This thesis explores how this has affected the child witness in ... -
The Taming of the Shrewd: A Reappraisal of the Interests of the Company as a Control on Directorial Autonomy
(Trinity College Dublin. School of Law. Discipline of Law, 2023)This thesis examines how differing conceptions of the company's interests can affect the autonomy of directors. This involves a comparative analysis across five common law jurisdictions: Ireland, the United Kingdom, Delaware, ... -
Television courtroom broadcasting : a normative analysis of the legal-policy issues, challenges and opportunities regarding TCB effects-research
(Trinity College (Dublin, Ireland). School of Law, 2015)There has been a lot of popular opinion based discussion in relation to TCB issues. Frequently the arguments propose that there will/will not be particular effects. Yet TCB needs a ‘proper, evidence-based assessment’ ... -
The case for restorative justice in the treatment of adult offenders in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2007) -
The causes of divergence between law and economics in European Competition Policy
(Trinity College (Dublin, Ireland). School of Law, 2006)This work is an examination of the causes of divergence between the competition law of the European Communities, specifically Articles 81 and 82 of the E.C. Treaty and the regulation of mergers, and the microeconomic ... -
The choice of law in torts
(Trinity College (Dublin, Ireland). School of Law, 2012)In today’s increasingly global village, facilitated by the widespread availability of telecommunications, air, rail and road links, it is easy to make the assumption, particularly in multistate entities such as the United ... -
The convergence of laws : a typology of implementation models and factors
(Trinity College (Dublin, Ireland). School of Law, 2007)This thesis is divided into five parts and eight chapters. In the first part of the thesis one finds Chapters 1 and 2, which are purely introductory. In the second part one finds the models proposed, within Chapters 3 and ...