Browsing by Subject "Law, Ph.D."
Now showing items 1-20 of 86
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A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity
(Trinity College (Dublin, Ireland). School of Law, 2011)Since the post-apartheid constitutional era connmenced almost two decades ago, there have been many progressive judicial decisions on fundamental rights in South Africa. By contrast over the same period, the longer-established ... -
A perfection of means and confusion of aims : finding the essence of autonomy in assisted death laws
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis was developed through standard library-based research methods as well as legal research conducted via the internet and electronic databases including LexisNexis, QuickLaw, Westlaw and HeinOnline as well as the ... -
A theory of institutional separation for the administrative state
(Trinity College (Dublin, Ireland). School of Law, 2007)In its efforts to elaborate an institutional theory of separation for the administrative state, this thesis employed a number of distinct methodologies. Its key methodological step was the development of evaluative criteria ... -
Addressing gender imbalance on boards of state-owned enterprises in Ireland through regulatory intervention : a hard and soft law perspective
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis aims to analyse different regulatory approaches and identify how regulation can be effectively used to address gender imbalance on boards of Ireland’s SOEs. The research is conducted through a theoretical and ... -
An analysis of Irish bribery law
(Trinity College (Dublin, Ireland). School of Law, 2015)The bribery offences are a much neglected area of law, both from an academic and from a practical perspective. Although the existing statutory offences can trace their origins to the dawn of the twentieth century, there ... -
An audit of Irish mental health law for compliance with international human rights norms in respect of seven categories of 'mental health rights claims' : positive and negative findings, and recommendations for reform
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis subjects the legal regulation of the civil mental health law regime in Ireland to a ‘human rights audit’ subsequent to the implementation of the Mental Health Act 2001 (MHA 2001). The following structure is ... -
Assembly-lines and obstacle courses : the pre-trial process in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2008)This is a study of the pre-trial process in Ireland, i.e. the early, investigative stage of the criminal process. From the early years of the State up to the present, this element of the Irish criminal justice system has ... -
Beyond corporate incapacity, or, how I learned to stop worrying and love the ultra vires doctrine
(Trinity College (Dublin, Ireland). School of Law, 2009)The research contained in this thesis was conducted by employing the conventional techniques of academic legal research, drawing on a variety of primary and secondary legal materials. The law governing the principal topics ... -
Breaking with transition : the EU VAT system and the Internal Market
(Trinity College (Dublin, Ireland). School of Law, 2006)This thesis focuses on VAT in the context of the EU internal market. Its central objective is to prove that the current EU VAT system is incompatible with the concept of internal market, as set out in the EC Treaty and ... -
Children's rights in private international law
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis will look at the dialogue that is currently taking place between children's rights and private international law to discover the extent to which the concepts of the first are and can be successfully incorporated ... -
Choice in context : a relational perspective on coercion in the Law of Contract and the Law of Marriage
(Trinity College (Dublin, Ireland). School of Law, 2001)The rhetoric of freedom is sometimes too readily accepted. It has infected, in particular, the discourses and doctrines of law, especially in the field of so-called ‘private ordering’. Thus it is regularly considered ... -
Collective organisation and external regulation of professional rugby league in the United Kingdom
(Trinity College (Dublin, Ireland). School of Law, 2010)This thesis examines the external regulation of professional rugby league in the United Kingdom. It considers specifically the employment of players in the Super League competition by British clubs. In the course of this ... -
Constitutional equality in Ireland : a critical account
(Trinity College (Dublin, Ireland). School of Law, 2004)The ideal of equality has become increasingly prominent in Irish political discourse. Article 40.1 of the Constitution of Ireland, 1937 guarantees the equality of all citizens, as human persons, before the law, but has ... -
Constitutional standards of review in Ireland and Canada : comparison and evaluation
(Trinity College (Dublin, Ireland). School of Law, 2013)This thesis is a comparative, critical analysis of standards of review for legislative limitations of constitutional rights, its primary focus is on Ireland, though Canada is also discussed in detail. It compares Irish and ... -
Convergence and the right to communicate : assessing the application of media law to the internet
(Trinity College (Dublin, Ireland). School of Law, 2010)The regulation of radio and television broadcasting through law is an established area of interest. The idea of 'cyberlaw' or Internet law has, after a period of initial division and reflection, emerged as an important ... -
Criminal procedure and mental health
(Trinity College (Dublin, Ireland). School of Law, 2000)This thesis is a critical evaluation of criminal procedure and mental health in Ireland, concentrating in particular on fitness to plead, insanity acquittals, transfers from ordinary mental hospitals to the Central Mental ... -
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 ... -
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. ... -
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 ... -
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 ...