Browsing Law School (Theses and Dissertations) by Title
Now showing items 86-105 of 137
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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 ... -
The development of judicial review of legislation and Irish constitutional law 1929-1941
(Trinity College (Dublin, Ireland). School of Law, 2001)The years between 1929 to 1941 were momentous ones for Irish constitutional law, yet to date the striking developments which took place during this period have not been sufficiently explored by either lawyers or historians. ... -
The effects of the Unfair Commercial Practices Directive on Irish law
(Trinity College (Dublin, Ireland). School of Law, 2009)The Unfair Commercial Practices Directive (“UCPD”) is a legal measure of significant import. It establishes a “single general prohibition of unfair commercial practices distorting consumers economic behaviour” across the ... -
The EU Charter of Fundamental Rights : an originalist analysis
(Trinity College (Dublin, Ireland). School of Law, 2015)This thesis is about the method by which a novel and unusual form of law ought to be interpreted. That law is the European Charter of Fundamental Rights (CFR), which was drafted in 2000 and first given legal effect in 2009. ... -
The Evidence of Child Witnesses - Where Rules of Evidence and the Constitution Collide
(School of Law, 2007)This thesis explores the development and reform of particular aspects of the law of evidence relating to child witnesses as informed by the changing orthodoxy advanced by psychologists - and adopted by the law - regarding, ... -
The history & development of the Special Criminal Court : 1922-2005
(Trinity College (Dublin, Ireland). School of Law, 2006)The Special Criminal Court has been a permanent feature of the Irish judicial system since May 1972. The history of the Court dates back to 1939. However, the Court established in 1939 evolved from previous courts and ... -
The implementation of international law in the Irish legal system : the effect of European Union membership
(Trinity College (Dublin, Ireland). School of Law, 2011)As the competence of the European Union (EU) in the field of international relations has expanded, the role of the EU in the implementation of international obligations has correspondingly increased. This thesis examines ... -
The incorporation of the European Convention on Human Rights into Irish law
(Trinity College (Dublin, Ireland). School of Law, 2007)This is a study of the "incorporation" of the European Convention on Human Rights into Irish law effected by the European Convention on Human Rights Act 2003 ("the ECHR Act"). The primary reason for incorporation was ...