Irish Law Research Papers - Academia.edu (original) (raw)

2025, Revista Eletrônica Direito e Sociedade

This paper both historicizes and contextualizes the contemporary US Food and Drug Administration(FDA) blood donation policy banning men who have sex with men and transgender individuals although in 2023 they have changed their old policies and made new recommendations where MSM and LGBTQ+ community can donate blood but coming to India we are still following the age-old policies. These policies found their roots in the 1980s at the outset of the HIV/AIDS crisis, when fear and misinformation coupled the disease first and foremost with homosexual men, leading to lasting stigmatization and discriminatory practices. Yet, with all the strides made in blood testing technology and a better understanding of the HIV transmission process, such archaic policies thrive not just in India but in several other countries also. The paper contributed to this area while summarizing the evolution of knowledge on HIV, the window period for HIV detection, and international blood donation guidelines and argued that the blanket ban is not only lacking in scientific basis but also constitutionally unsound and violated basic human rights. It discriminates against gay men in monogamous relationships wherein heterosexual men who have multiple sexual partners are given the chance to be blood donors. These policies, upon updating, shall massively add to the potential blood donor pool that would save

2025, Irish Supreme Court Review

Over the longer haul, the significance of Murray J's majority judgment in Tomás Heneghan v Minister for Housing will likely be more for what it says about how judges are to approach the interpretation of the Irish Constitution than for the changes it demanded would be made to the electoral franchise in respect of the six 'University seats' in the Seanad. Murray J emphasises the fundamental importance of 'context' and 'purpose' in constitutional interpretation. The wording of this or that provision may on the face of it appear unambiguous, and to have crystal clear implications. But there is 'no case', says Murray J, 'and no provision - no matter how clear it may be - in which it is other than appropriate to understand and have regard to the overall context in which that provision was adopted'. And he prefers the 'harmonious' and broadly 'spirit-based' approach to constitutional interpretation - as Henchy J had in his dissenting judgment in People (DPP) v O'Shea (i.e. where O'Higgins CJ, in a majority judgment in that case, had insisted that 'plain words…must be given their plain meaning…'). Indeed, Murray J - on the face of it - could hardly have been more emphatic on the point: '…I do not believe that Henchy J's analysis can or should now be seriously questioned as the authoritative explanation of how a court should view any issue of interpretation by any Article of the Constitution'.

2025

In Ireland, between 2015 and 2020, 356 people were identified as suspected victims of human trafficking by An Garda Síochána. Of them, approximately 59 per cent were third-country nationals. This study examines the policy and practice in Ireland for the detection of a situation of human trafficking, the identification of a victim of human trafficking, and the subsequent protection provided to victims of human trafficking, with a particular focus on third-country nationals. It is based on the Irish contribution to a European Migration Network (EMN) report comparing the situation in EMN Member and Observer States.

2025, Talk at Irish Labour Party Connolly Symposium

James Connolly is the icon of the Irish revolution who melded nationalism and socialism into a seemingly coherent whole that actually recruited a superficial form of class politics to the cause of militant nationalism. The Irish Labour... more

2025

Development of the Duty of Care Principle in Later Cases.

2025, King's Law Journal

This review essay on Aileen Kavanagh's The Collaborative Constitution (Cambridge, 2024) interrogates the idea of collaboration between the institutions of government. It surveys how institutional collaboration is compatible with a sharing of tasks or with an assignment of primary or even exclusive responsibility for some tasks. In this sense, the idea of collaboration may encompass even those institutional arrangements, such as judicial and legislative supremacy over rights, rejected by Kavanagh as uncollaborative. They may be imperfect or even all-things-considered inferior arrangements, but they do not, for that reason, fail to count as instances of a collaborative constitution.

2025

This dissertation was written as part of the LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law at the International Hellenic University. The regulation of renewable energy sources and especially renewable electricity has been a highly disputed legal issue. Its particularity lies in their cross-cutting nature of renewable energy sources, in the sense that they affect a variety of policy areas, such as competition, state aid, environmental policy and climate change. The effort of national governments to create incentives for the promotion of renewable electricity production has been materialized through the development of national support schemes. These schemes come, nevertheless, with a number of implications. Not only should these support schemes be in compliance with the current market obligations, but also with the EU state aid and free movement of goods provisions. The role of the European Commission, as well as that of the case law of the Eu...

2024, University of Toronto Law Journal

In recent times, the idea of popular sovereignty has figured prominently in the rhetoric of neo-populist thinkers and activists who argue that legal and political authority must be concentrated in one single body or individual elected by the people to act in its name. The thesis of this article is that, while the notion of popular sovereignty may seem to offer some support to the neo-populist image of democracy, it serves more persuasively to support the idea of a polycentric, constitutional democracy. The constitutional state can be polycentric and yet feature a sovereign. And if this constitutional state is democratic in the sense of distributing power relatively equally amongst individual citizens, thus empowering the people-several, then it will establish the people-corporate in the role of sovereign..

2024, Irish Planning and Environmental Law Journal – Vol. 30, No. 2. 2023

This paper contains suggestions for improving the Planning and Development Bill 2023, which has been stated to be a major reform of Planning Law in Ireland and illustrates important matters which have not been addressed, or properly... more

2024

International audienceThroughout the historical period known as the Anglo-Irish Union (1801-1922), nationalist orthodoxy - with the exception of a few theorists such as James Fintan Lalor and James Connolly - brought the "Parliament of Grattan" (1782-1800) to the pinnacle, lending it the most remarkable economic record. This article examines the extent to which the idealization of the Grattan Parliament included a hagiographical dimension used for ideological-political purposes. This through an analysis of the ideological, political and economic realities of the Grattan Parliament's time

2024, Compter

Data Security Threats This is the danger of an attack on a computer system either by a computer program, an event or a person. This causes loss of data/information and attacks the data privacy. The following are the main threats to data security: Unauthorized access, Virus and Worm attacks, Computer errors and accidents. Unauthorized Access Physical and logical unauthorized access i) Physical unauthorized access This involves persons have illegal entry to the building/computer room or the persons having physical access to the storage media i.e. hard disks, compact disk etc. the motive could be either to steal the computers or information or maliciously damage, change or alter, delete data/information. ii) Logical unauthorized access involves gaining illegal access into a computer system. It could be deliberate or accidental. Illegal access could be with an intention to steal, delete, copy, and alter data/information.

2024, Journal of Law and Society

Judges are required to suppress and manage their own emotions as well as those of other court users and staff in their everyday work. Previous studies have examined the complex emotional labour undertaken by judges, but there is limited research on the emotion management performed by judges in their interactions with jurors. Drawing on a qualitative study of judge-jury relations in criminal trials in Ireland, we illustrate how judges learn and habituate emotional labour practices through informal and indirect processes. Judges described managing their emotions to demonstrate impartiality and objectivity. Their accounts also underline the importance of balancing presentations of neutrality with empathy, as well as being mindful of the potential emotional toll of jury service on jurors.

2024, Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi

Mevcut yasal ve yargısal yapı, çevre hakkına ilişkin taleplerin dava edilebileceği bir imkan sağlamaktadır. İdari yargıda davanın açılması, hak ihlali değil menfaat ihlali koşulu ile mümkündür. İdari yargı bu açıdan, idareyi hukuka... more

2024, The Review of Politics

2024

George Moore (1852-1933) is a strangely undervalued literary figure in Ireland. He was very close to French writers of the stature of Emile Zola, Theophile Gautier, Edouard Dujardin (the originator of the 'stream of consciousness' technique later adopted by Moore and Joyce), as well as the impressionist painters Renoir, Degas and Manet. In fact, Manet did a number of portraits of Moore and once famously stated to his friend: 'There is no Englishman who occupies the position you do in Paris.' 1 No English-speaking foreigner, not even his contemporary Joyce, inspired the esteem that Moore elicited among artistic circles in Paris which, when he arrived there for the first time in the 187os, was a veritable hive of cultural creativity.

2024, The Electricity Journal

Northern Ireland is part of the United Kingdom, which has left the European Union under the terms of Brexit. The Republic of Ireland is an EU Member State that has remained within the EU. The island of Ireland operates an allisland energy market, and the impact of Brexit on these complex transboundary energy arrangements has been largely overlooked. This study analyses and assesses the significance of Brexit for Ireland's all-island energy market so that the complexities underlying these transboundary circumstances, and the Brexit-related factors acting on them, can be better understood. An energy justice framework is employed that emphasises the consideration of potential distributional, recognitional and procedural injustices in this setting, and that assists in drawing out potentially negative impacts of Brexit on the all-island energy market.

2024, Institute of Advanced Legal Studies

LLM in Advanced Legislative Studies (ALS) TABLE OF CONTENTS Chapter 1 Introduction 1.1 Background 1.2 Hypothesis and methodology 4 6 Chapter 2 Characteristics of the long title, preamble and purpose clause 2.1 Characteristics 2.1.1 The long title 2.1.2 The preamble 2.1.3 The purpose clause 2.2 Analysis on the usage of the long title, preamble and purpose clause 8 9 Chapter 3 The long title as a means of communicating a regulatory message 3.1 Purpose of legislation 3.2 Communication of regulatory message 3.3 Can the regulatory message of an Act be communicated through the long title? Chapter 4 Issues surrounding the long title 4.1 The long title as a parliamentary procedure and as a presentational issue 4.2 The long title as an interpretative device 4.3 Whether the short title is sufficient to indicate the contents of the Act? 4.4 Substitution of a purpose clause for the long title

2024

This article critically examines the UK's legislative measures to tackle online fraud in light of the recommendations of the Fraud Review and the enactment of the UK Fraud Act (2006). In particular, the article highlights the threat posed by internet related crime, identifies the different types of cyber crime and outlines the threats posed by such crimes. Furthermore, the article critically considers the impact and effectiveness of several measures including the criminalisation of Fraud and the creation of the National Fraud Authority.

2024, Carlos Augusto Melendez

Antitrust law and compliance are connected. The increase in sanctions for non-compliance with antitrust law - from heavier administrative fines to the inclusion of crimes- is one of the explanations. The new regulations allow... more

2024

This is a pre-print of a Country Report to appear in the Oxford Compendium of National Legal Responses to Covid-19. It may be updated before and after initial publication.

2024, Social Science Research Network

2024, Journal of emerging technologies and innovative research

Security system is most power full technique to protect useful information from fraud people. Among all biometric system vein based pattern is a latest biometric technology for person identification. System itself has natural encryption for information. This paper work, demonstrate to design technique for identification of person based upon near infrared (NIR) fingervein pattern. Proposed system consist of Raspberry pi, NIR filtered Pi camera, NIR LED array with LED Driver. infrared light is emitted by NIR LED array, which transmit via finger body, as the hemoglobin take up more near infrared light than the enclosing tissue, therefore area which more NIR light are observed (i.e. vein) appeared as dark region because vein observed less NIR light. Captured image which display using NIR filtered camera which located below the finger. The captured image is analyzed using mean square error (MSE) and peak signal to noise ratio (PSNR) to obtain preferable set point of potentiometer and both parameter indicate image which has less affected by noise. After capturing an appropriate near infrared finger imaging, utilize Gabor filter to extract vein pattern of finger for different orientations and width. Gabor filter are used to minimize noise and extract pattern of vein. Final objective to implement sparse representation algorithm in terms of global thresholding and Otsu's technique to detect the object (i.e. vain). The main purpose of this work to match or not-match finger images based on pixel to pixel matching. IndexTerms-Near infrared finger image, Raspberry Pi, NIR filter camera, Mean square error, Peak signal to noise ratio, Gabor filter, Sparse algorithm.

2024

The article considers the impact which the Victims' Directive will have on service provision for victims in Ireland and the challenges which will be faced in seeking to make the objectives of the Directive a reality. The primary focus of the Directive is the provision of effective services to victims of crime 'to ensure that [they] receive appropriate information, support and protection and are able to participate in criminal proceedings'. Unlike proposals to give participatory or procedural rights to victims, providing services such as court accompaniment or similar supports is uncontroversial. However, while these rights are not controversial in principle, ensuring that victims receive consistent and effective services throughout their engagement with the criminal justice process is not necessarily easily achieved. The article begins by discussing the expectations which the Directive creates for victims under each of its three themes; that is, information, support and protection. Within the discussion of each theme, the article will highlight shortcomings which have been experienced by Irish victims in that area in the past and consider the initial attempts which have been made to meet the Directive's objectives with regard to that specific theme. The authors argue that although clear efforts have been made to ensure the expectations created by the Directive become a reality, Ireland still has some way to go before full compliance is achieved. The article concludes by considering some of the general, practical challenges posed when seeking to implement the level of service provision envisaged by the Directive and outlining the commitments which the state will need to make to ensure that appropriate, Directive-compliant services are provided to victims.

2024, Northern Ireland Legal Quarterly

This article has sought to examine the criminal justice system's interactions with victims of crime. It is a relationship which has changed irrevocably over time. A significant discontinuity occurred in the nineteenth century when a new architecture of criminal and penal semiotics slowly emerged. An institutional way of knowing interpersonal conflict crystallised, one which reified system relations over personal experiences. It also emphasised new ideals and values such as proportionality, legalism, procedural rationality, equality and uniformity. New commitments, discourses and practices came to the fore in the criminal justice network. In modernity, the problem of criminal wrongdoing became a rationalised domain of action, a site which actively distrusted and excluded 'non-objective' truth claims. The state, the law, the accused and the public interest became the principal claims-makers within this institutional and normative arrangement, an arrangement which would dominate criminal and penal relations for the next 150 years. In the last 40 years, the victim has slowly re-emerged as a stakeholder in the criminal process.

2024, Irish Journal of Psychological Medicine

ObjectivesTo explore the mental health tribunal experiences of people admitted involuntarily under the Mental Health Act 2001.MethodsEmploying a qualitative descriptive study design, data were collected from 23 service users who had experienced mental health tribunals during a recent involuntary admission. Face-to-face semi-structured interviews were conducted ~3 months post-revocation of their involuntary admission order. Data were analysed using an inductive thematic process.ResultsThe majority of participants reported mixed experiences comprising positive and negative aspects in relation to information provision, emotional support and an inclusive atmosphere. Some participants reported receiving accessible information about the tribunal process, felt emotionally supported throughout, and encountered respectful and dignifying practices during the tribunal proceedings. However, many participants described experiencing non-inclusive practices, reported feeling ill-informed regarding...

2024, 2012 IEEE International Conference on Intelligence and Security Informatics

As the computer becomes more ubiquitous throughout society, the security of networks and information technologies is a growing concern. Recent research has found hackers making use of social media platforms to form communities where sharing of knowledge and tools that enable cybercriminal activity is common. However, past studies often report only generalized community behaviors and do not scrutinize individual members; in particular, current research has yet to explore the mechanisms in which some hackers become key actors within their communities. Here we explore two major hacker communities from the United States and China in order to identify potential cues for determining key actors. The relationships between various hacker posting behaviors and reputation are observed through the use of ordinary least squares regression. Results suggest that the hackers who contribute to the cognitive advance of their community are generally considered the most reputable and trustworthy among their peers. Conversely, the tenure of hackers and their discussion quality were not significantly correlated with reputation. Results are consistent across both forums, indicating the presence of a common hacker culture that spans multiple geopolitical regions.

2024, Belügyi Szemle

Many types of drug crimes are already known, but it is common to offender groups to implement them in an organised, coordinated, multi-level framework. Affected by online platforms, drug crimes are undergoing a transformation that presents new challenges for the authorities. Criminal groups also like to (re)take the opportunities offered by the Internet. Platforms that connect to the Dark Web, the Dark Internet (secret network form), have become increasingly popular over the past few years, thanks to the fact that there are also services available which are not available by traditional browsers. Coordinated cooperation between several countries, over several years, is needed to ensure successful detection in cyberspace. This is illustrated by a current EUROPOL report, published on 12 January 2021, which shows that a successful liquidation has occurred in the case of DarkMarket, one of the largest illegal marketplaces, requiring the cooperation of several European Union Member States...

2024

was a two-day event held in September 2005 that brought together researchers, academics, policy-makers and Non Govermantal Organisations to address some of the most pertinent contemporary issues within the general arena of youth crime in Ireland. Notes on contributors/editors Sarah Anderson, completed an MPhil at the Dublin Institute of Technology in 2004. Her research was entitled "An Exploration of Policies and Practices in Relation to Children Remanded in Custody". She currently lectures part-time in DIT. Paula Brudell has been involved in a number of community-based research projects, and also worked as a research officer in the School of Applied Social Science at University College Dublin. Currently she is undertaking a PhD in Geography at Trinity College Dublin on 'The Incorporation of Dissent in the Regeneration of Dublin's Inner City'.

2024, BJPsych bulletin

We review a case history of a young child who was admitted to an in-patient mental health unit due to extremely challenging behaviour and review the legal issues that had to be considered in ensuring that there was appropriate legal authority for the child's admission and treatment. In this particular case, the patient was detained for assessment under section 2 of the Mental Health Act 1983. This case demonstrates that all clinicians working in this area require a good understanding of the law in relation to treatment of children with mental disorder, which is extremely complex.

2024, Comparative Law Review

This paper aims to propose some suggestions toward teaching of Anglo-American law. Moving away from the distinction between private law and public law, the approach suggested focus on the terms of interaction between the Federal Courts and State Courts , which is a central and decisive issue for Anglo-American law. The paper then proceeds to illustrate the new trend in federal common law, meaning no longer the law created by the Federal Supreme Court, which applies to the entire Nation, but also the law created by State Courts, which are increasingly authorized, in certain limited circumstances and through the exaltation of constitutional principles and values, to develop federal common law. The case law mentioned in support of this approach seems, moreover, to lend itself to a comparison with the European experience, where the dialogue among Courts is turning out to be an excellent instrument for the implementation of fundamental rights.

2023

We are delighted to present the fourteenth volume of the Irish Student Law Review. In the tradition of previous volumes, this Review maintains a high level of scholarly legal analysis of pertinent and diverse issues. Useful for the practitioner, academic and student, it delves into an array of topics, a number of which constitute developing areas of law in this jurisdiction. The Editorial Board this year benefited from huge interest from potential authors from many legal institutions, granting us a wealth of material from which to choose. The arduous task of selecting a small proportion of articles from some sixty submissions fell to a dedicated and enthusiastic Editorial Board. The first-rate choices they made are illustrated by the richness of the current volume. Covering a wide spectrum of legal discourse, from commercial law to human rights, environmental, criminology and public interest law, the reader has an invaluable key into contemporary Irish law. There have been many people involved in this year's publication. We would like to thank the Friends of the Irish Student Law Review who provided not only the vital financial assistance for this year's Review, but also welcome encouragement. The administrative backup of the Honorable Society of the King's Inns has considerably assisted us in the practicalities of publishing a scholarly journal. In particular, warm thanks are due to the Under Treasurer of the King's Inns, Camilla McAleese, whose support has been unfailing. We would also like to extend our gratitude to the Honourable Mrs Catherine McGuinness for launching this volume and devoting her time to the particularly challenging task of judging the best article. Finally, the Review would not be the quality publication it is without the members of the Editorial Board. Their dedication, hard work and expertise willingly volunteered over the past nine months has ensured the publication of this Review.

2023, Equity and Trusts Law Directions

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The trust law that applies to family land might not be applicable to other types of land. Resulting trusts present a particular challenge in this regard. Although the doctrines of resulting trust have long been settled in the law of trusts, they have recently been questioned in the context of the family home. This chapter focuses on informal trusts of land and the social reasons why they are recognised, first looking at the problem of informality before turning to the different kinds of informal trusts of land. It also examines whether facts give rise to a resulting trust or a constructive trust, the practical significance of the distinction between constructive and resulting trusts of land, the relationship between proprietary estoppel and constructive trust, express agreement plus detrimental reliance, and the decision of the House of Lords in Stack v Dowden. The chapter concludes by considering some of the problems addressed by, and caused by, the operation of informal trusts in the context of cohabitation.

2023, Todd & Watt's Cases and Materials on Equity and Trusts

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the relationship between constructive trusts and unconscionability. It demonstrates that the English constructive trust is an 'institutional' rather than a 'remedial' constructive trust. It discusses common categories of constructive trust and significant theoretical and practical distinctions between the principal 'methods' (resulting trust, constructive trust, and proprietary estoppel) by which equity recognises informal shared ownership of land.

2023, Todd & Watt's Cases and Materials on Equity and Trusts

There are situations where trust property passes into the hands of a third party 'stranger'-a person other than a trustee or beneficiary of the trust. Personal and proprietary remedies against strangers are particularly valuable where the claimant cannot be satisfied with actions against the original trustee. The claimant has to make choices not only in relation to the final remedy, but also when required to 'elect' between evidential alternatives. The tracing process, which supplies the evidence that a stranger has received trust property, may require the claimant to make such a choice. This chapter deals with tracing and 'remedies', focusing on how a claimant, typically a beneficiary of the trust, is able to trace trust property into the hands of a stranger and recover it by means of a proprietary remedy.

2023, Oxford University Press eBooks

This chapter examines the powers of criminal courts to make a mental health-based disposal rather than relying on the options available within the criminal justice and penal system when faced with a mentally disordered person accused or convicted of a crime. It considers the practical shape of diversion policy, in terms of a series of decisions made by criminal courts, at the various stages of the criminal process, as to whether an accused or convicted person should remain within the criminal justice system or instead be diverted into the mental health system.

2023, Elni review

Arjen Hoekstra presents key issues on the concept and developments on the water footprint. Imola Bedo will provide the point of view of the EU green products policy (PEF, OEF, PCRs, product passport). Furthermore there we will be the... more

2023, arXiv (Cornell University)

Online surveys-a primary research tool in the field of usable security and privacy research-frequently rely on web-panel platforms. However, these platforms tend not to generalize well to specific user groups. Our study addresses this research gap by studying security and privacy perceptions of four under-represented groups. We conducted telephone interviews with = 1003 participants in Germany: (I) teenagers aged 14-17, (II) older adults 70+, (III) people with low formal education, and (IV) people with migration background. We found these groups to be under-represented in our online comparison survey. We further identified target group-specific perceptions for each group compared to the general population, e. g., regarding their experiences with cybercrime, and provide detailed insight into the privacy and security knowledge and behavior of each group. Our findings underscore the effectiveness of telephone interviews and lay the foundation for further research on these groups. CCS Concepts: • Security and privacy → Human and societal aspects of security and privacy; • Human-centered computing → User studies; • Social and professional topics → Seniors; Adolescents; Race and ethnicity; Computer crime.

2023, Nnamdi Azikiwe University Journal of International Law and Jurisprudence

This study examines critically the nature of the Internet in relation to its facility for committing crimes. It discovers that the Internet is open, user-controlled, global, decentralized, inexpensive, abundant, interactive, and makes use of independent infrastructure. All these features are combined to form the medium’s transnational nature that challenges ordinary traditional regulatory platforms. It is also found that with increasing over dependence on computer systems within the global Internet network, the incidence of cyber criminality is significantly on the rise. Yet, the processes of investigation and prosecution of suspects are greatly hindered as a result of the amoeboid nature of cyberspace which makes it difficult to locate suspects and their conducts. The paper advocates progress in more sophisticated technology that would aid easy identification of suspects, constant review of cyber laws, and increased public enlightenment on the operations of the Internet. Doctrinal ...

2023, UUM Journal of Legal Studies

Immunisation protection includes vaccination programme that is very crucial to prevent the spread of disease among children or those with low immune systems. However, the cases of contagious diseases such as measles have increased dramatically in many countries around the world, including Malaysia. This may be partly due to the rise of certain groups or movements that do not believe in the efficacy of the vaccines. This paper outlined the scenario and existing framework on the administration of the vaccines in Malaysia, with respect to the practices of some countries namely the United State, Italy and Singapore on the implementation of the immunisation programme to its community. Subsequently, this paper highlighted the issues on compulsory vaccination on whether it violated the fundamental liberties incorporated in the Federal Constitution. The researchers adopted a doctrinal approach, whereby materials were compiled from the Malaysian and other jurisdictions’ legislations, case la...

2023, Social Science Research Network

This thesis examines law reform, the comparative method, and the combination of these two elements. A broad definition of law reform is adopted, to include law reform by legislators and judges, and proposals for law reform from law reform agencies and from academics. It is explained that the comparative method (commonly referred to as comparative law) is still at an experimental stage, and that no particularly rigid method of comparison has been adopted for the purposes of this thesis. The theory of reception and legal transplants is discussed, from Montesquieu to date. Particular emphasis is placed on the debate as to the need to adapt foreign ideas to suit the needs of the donee's present system. It is argued that Montesquieu's strict views are counterproductive. The use of the comparative method in the preparation of legislation is considered-the role of government departments, parliamentary committees and academics; the choice between codification and special statutes. Law reform agencies (LRA's) are discussed at length. Useful data was provided by a survey, conducted for this thesis, which was sent to most of the common-law LRA's in the world. 29 completed questionnaires were returned, from the U

2023

Original citation Whelan, D. (2003) 'Chance to put right the flaws in insanity laws', Irish Times 30 April. Type of publication Contribution to newspaper/magazine Link to publisher's version... more

Original citation Whelan, D. (2003) 'Chance to put right the flaws in insanity laws', Irish Times 30 April. Type of publication Contribution to newspaper/magazine Link to publisher's version http://www.irishtimes.com/opinion/chance-to-put-right-the-flaws-ininsanity-laws-1.357388 Access to the full text of the published version may require a subscription.

2023, Social Science Research Network

8 Winterwerp v The Netherlands (1979-80) 2 EHRR 387 (holding that the decision to detain must be supported by objective medical expertise, the mental disorder must be serious enough to warrant compulsory confinement, and the validity of confinement must be based on the persistence of the disorder); X v United Kingdom (1981) 4 EHRR 188 (holding that mental health review tribunals which had advisory functions only were not sufficient to protect patients' rights to liberty under Article 5(4)); Megyeri v Germany (1993) 15 EHRR 584

2023, Manchester University Press eBooks

2023, European Journal of Health Law

In adjudicating on matters relating to fundamental constitutional or human rights, courts make important statements about the principles which apply. The principles articulated will have a profound impact on the outcomes of such cases, and on the development of case-law in the relevant field. In the fields of medical law and mental health law, various courts have moved away from deference to medical decision-making and paternalism to a person-centred rightsbased approach. However, courts in Ireland have continued to interpret mental health law in a paternalistic fashion, praising paternalism as if it is particularly suitable for mental health law. This raises profound questions about judicial attitudes to people with mental health conditions and judicial reluctance to confer full personhood on people with disabilities. This article outlines case-law in Ireland regarding paternalism in mental health law and discusses the consequences for constitutional rights in Ireland.

2023, Northern Ireland Legal Quarterly

Judicial roles are changing rapidly in the United Kingdom and the character of judicial decision-making is adjusting alongside. Academic lawyers have been searching for
comparisons to draw from other legal systems but they have sometimes found it
difficult to classify their findings in a way which would throw light on the particular
circumstances of developments in the UK. It would be valuable, then, if comparative
lawyers were to construct a methodological framework which would allow us to
compare judicial roles among legal systems.