Browsing School of Law by Title
Now showing items 255-274 of 294
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The international legal right of children to be heard in proceedings affecting them and implemenation in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis explores the nature of the right of children to be heard in proceedings affecting them as enshrined in the Convention on the Rights of the Child (CRC), the international obligations which it creates, and how ... -
The Irish legal order and Europe : the unravelling dynamic since accession
(Trinity College (Dublin, Ireland). School of Law, 2007)The Study conducted here examines the evolving nature of the dynamic that is the relationship between the Irish and European legal orders from two perspectives: that of Article 234 of the EC Treaty and Article 29.4.10 of ... -
The Irish Statute Book : a constraint on the functioning of a true democracy
(Trinity College (Dublin, Ireland). School of Law, 2006)Comprised of approximately 3,000 Acts enacted since the foundation of the State and a further 500 pre-1922 Acts, the Irish Statute Book has not been subjected to a detailed examination as to its form and present condition. ... -
The law of subrogation
(Trinity College (Dublin, Ireland). School of Law, 2000)This thesis attempts a thorough review of the law of subrogation as applied in Ireland and England, with reference to the law of other common law jurisdictions and to the views of certain civil law writers. It first ... -
The legal assimilation of same-sex family units in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2015)This PhD thesis critically examines how Irish law can promote the effective assimilation of same-sex family units into Irish society. Initially, the thesis assesses the potential for marriage equality under Irish law. The ... -
The legal protections of language in the Euopean Union
(Trinity College (Dublin, Ireland). School of Law, 2015)This thesis investigates the legal protection of languages within the legal system of the European Union (EU). It aims to determine the nature and scope of this legal protection, taking an interdisciplinary approach. This ... -
The limitations of international humanitarian law to the reallocation of Iraqi oil resources under the US/UK transformative occupation of Iraq
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis examines the emergence of a new characterisation of belligerent occupation evidenced in Iraq (2003-2004), transformative belligerent occupation. After the institutions of government were destroyed in hostilties ... -
The nihilism of the law of Ireland
(Trinity College (Dublin, Ireland). School of Law, 2011)Three arguments concerning Irish law are advanced in this dissertation. Firstly, it is argued (a) that the earlier jurisprudence of the Irish Supreme Court held that the constitutionally protected natural human rights can ... -
The pharmacist's liability in the tort of negligence and product liability law in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis encompasses historical and legal comparative enquiries into the pharmacy and the law affecting its practitioners. The major research themes are the possible application of the professional negligence standard ... -
The potential role of the right to procreative autonomy in Irish law in relation to the use of assisted reproductive technologies
(Trinity College (Dublin, Ireland). School of Law, 2013)This thesis promotes the recognition of a right to procreative autonomy in Irish law in relation to the use of assisted reproductive technologies (ARTs). Ireland has yet to legislate for ARTs. The thesis suggests that the ... -
The public interest defence and damages for defamation : comparative theoretical and constitutional perspectives for Irish law
(Trinity College (Dublin, Ireland). School of Law, 2009)The thesis examines the Irish constitutional relationship between the Article 40.6. 1°(i) right to freedom of expression and Article 40.3.2° right to good name in the context of defamation law. It is argued that defamation ... -
The right to religious expression in Europe and Ireland
(Trinity College (Dublin, Ireland). School of Law, 2015)This thesis explores the meaning of the right to religious expression in Europe and Ireland. As the contemporary legal environment has sought to re-characterise its relationship with religion, this thesis attempts to ... -
The rights of companies under the Irish Constitution : a comparative and philosophical analysis
(Trinity College (Dublin, Ireland). School of Law, 2006)This thesis explores the existing Irish case law concerning the constitutional protection of companies as well as the approach taken in other jurisdictions. It sets out this case law and thus brings together material ... -
The role of CED lawerying in promoting / implementing a strategic model of legal aid in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2013)This thesis aims at determining what role, if any, Community Economic Development (CED) lawyering plays in Ireland in relation to the promotion/implementation of a strategic model of legal aid. The research starts by ... -
The role of the state in migration control
(Trinity College (Dublin, Ireland). School of Law, 2015)The basic premise that states have an absolute discretion to control migration across their territorial borders has become ossified to such an extent as to render its questioning controversial. Yet the more one delves into ... -
The sovereignty of the Irish People
(Trinity College (Dublin, Ireland). School of Law, 2015)My research addresses the question of what role the People play in the Irish constitutional order. This leads to several related enquiries, the most substantive of which is an examination of the doctrine of popular sovereignty ... -
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 use of external judicial decisions for the determination of substantive international criminal law
(Trinity College (Dublin, Ireland). School of Law, 2014)Within the framework of Article 38(1 )(d) of the Statute of the International Court of Justice (‘ICJ'), this research examines how judges at five international or internationalized criminal courts and tribunals have used ... -
Three Binaries in People v Arctic Oil
(University of Groningen Press, 2022)In People v Arctic Oil, courts in Norway considered the question of whether the constitutional right to environment entails a duty of care on the state for curtailing emissions from oil exports. The cause of action was ... -
Tory language and Whigg measure : Edmund Burke on manners, history, and law
(Trinity College (Dublin, Ireland). School of Law, 2002)This dissertation investigates the complex relationship between manners, history, and law in the writings of Edmund Burke. In sum, this relationship was rooted in a naturalism based, not in eternal verities, but in the ...
