RSS 1.0Law School (Theses and Dissertations)
Recent Submissions
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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 ... -
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 ... -
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 ... -
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 ... -
The tax exile problem
(Trinity College (Dublin, Ireland). School of Law, 2015)This work examines the benefit theory and ability to pay theories of taxation and the theory of economic allegiance in the context of questions of justification of taxation and identification of taxpayers. The theories are ... -
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, ... -
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 ... -
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 ... -
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. ... -
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 ... -
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 ... -
The Worker and the Constitution: A Theory of Constitutional Labour Law
(Trinity College Dublin. School of Law. Discipline of Law, 2023)This thesis constructs a theoretical justification for the phenomenon of ?constitutional labour law? ? that is, legal decisions about the interaction between constitutional norms, including human rights, and the labour ... -
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 ... -
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 ... -
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 ... -
Making Capital Markets Work For Africa: Interrogating Progress, Challenges and the Pursuit Of Integration
(Trinity College Dublin. School of Law. Discipline of Law, 2022)The work which follows examines the foundation, state, and practice of stock market integration projects in Africa which are fronted as a solution to making capital markets work for Africa. There is a consensus that African ... -
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 ... -
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 ... -
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, ... -
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 ...
