Browsing Law School (Theses and Dissertations) by Title
Now showing items 123-137 of 137
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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 ... -
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 ... -
Toward reasonable accomodation of Islam in the Irish legal system : a focus on employment, education and healthcare
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines accommodation of religious practice in the Irish legal system. The current level of accommodation is analysed with particular focus on the constitutional principles set out in the Supreme Court case ... -
Union citizenship, the Marshallian model and the protection of social rights
(Trinity College (Dublin, Ireland). School of Law, 2011)This thesis seeks to examine whether Union citizenship protects social rights to the extent necessary for it to be legitimately be described as 'citizenship'. The research methodology is primarily a doctrinal one and places ... -
Unities of Law and the State
(Trinity College Dublin. School of Law. Discipline of Law, 2021)This thesis is a study of the composition of state and legal system and their relation, with a particular focus on their configuration as a group which can act as an agent. It seeks to contribute to legal philosophy and ... -
Vindicating rights through the tortious liability of public authorities : themes and tensions in comparative perspective
(Trinity College (Dublin, Ireland). School of Law, 2010)The specific question addressed in this thesis is; to what degree are the core constituent ingredients in, and the outcomes of, domestic causes of action in the tortious liabihty of pubhc authorities being influenced by ... -
War of the worlds? : Pluralism vs. market liberalisation: the European regulation of the television broadcasting sector
(Trinity College (Dublin, Ireland). School of Law, 2008)This thesis makes the case for the European regulation of media concentration in the television broadcasting sector. Television broadcasting is currently undergoing substantial and rapid changes. The phenomena of digitalisation ... -
Well-Being, Skills and Work in a Neorepublican EU: The Case of Third-Country Nationals
(Trinity College Dublin. School of Law. Discipline of Law, 2020)This is a work in special analytic jurisprudence and applied normative political theory. It applies neorepublican political theory to people at work in the EU, taking third-country nationals as a case study. Empirical data ... -
What explains the crime/tort distinction? Developing and applying Razian theory
(Trinity College Dublin. School of Law. Discipline of Law, 2020)This thesis is a work of legal theory within the discipline of philosophy of action and more particularly the field of practical reason theory. The thesis asks the question: What explains the crime/tort distinction? It ... -
Who Is Running The Company? Secured Lender Influence over the Board of Debtor Companies.
(Trinity College Dublin. School of Law. Discipline of Law, 2018)Commercially secured lenders may be tempted to interfere in the running of debtor companies. This thesis investigates to what extent directors? duties can act to potentially restrict that influence. It does this by providing ... -
Who says they are special? : reflections on diverse approaches to disability, education and the law
(Trinity College (Dublin, Ireland). School of Law, 2013)Now more than ever, the debate relating to disability rights in education is high on the agenda of the international community and in Western societies. The right to education of persons with disabilities is well recognised ... -
Winds of change : an analysis of the duties of the Irish State relevant to the development and sale of electricity from onshore wind
(Trinity College (Dublin, Ireland). School of Law, 2015)This thesis seeks to analyse 'the duties of the Irish State which are relevant to the development and sale of electricity from onshore wind.' While it might be more traditional to have one core research question, the ... -
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 ...