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Financial provision on relationship breakdown in Ireland: A constitutional lacuna?
(Dublin University Law Journal, 2013)
In recent decades, legislation has had an extraordinary impact on personal property rights in the context of marital and relationship breakdown. Initially under the Judicial Separation and Family Law Reform Act 1989, and ...
Charging for public participation: fees for submissions or observations on Environmental Impact Assessment
(SAGE Publications, 2007)
In case C-216/05, Commission v Ireland, the European Court of Justice (ECJ) ruled that Irish legislation which required the payment of a fee by those making submissions regarding an environmental impact assessment (EIA) ...
The Irish national climate change strategy: new laws, future policies?
(Round Hall, 2009)
This paper is an overview of climate change law and policy in Ireland. It sketches the background to the international agreements covering climate change emissions. It also gives a brief summary of relevant European ...
Access to Justice under Irish Environmental Impact Assessment Law: Case C-427/07 Commission v Ireland European Court of Justice (Second Chamber), 16 July 2009 [2010] Env LR 8
(SAGE Publications, 2010-05)
Ireland was recently found not to have fully implemented Directive 85/337 on the assessment of the effects of certain public and private projects on the environment (the EIA Directive) and Directive 2003/35 (the Århus ...
Possible Irish responses to climate change
(Kluwer Law International, 2008)
Climate change is becoming a very important political, social and economic issue. Recent weeks have seen the publication of the Intergovernmental Panel on Climate Change’s Fourth Assessment Report, with predictions of ...
Was it Author's Rights all the time?: Copyright as a Constitutional Right in Ireland
(Dublin University Law Journal, 2011)
If property rights are “the Cinderella of the fundamental rights provisions of the Irish Constitution,” copyright may be its glass slipper, seeking its proper owner. The underlying rationale for copyright in Irish law is ...
The judiciary in public debates: the sound of silence?
(Sweet & Maxwell/Round Hall, 2011)
The judiciary's approach to communicating with the public it serves has to change. If it does not--if our voice remains silent in debates on public policy, and we become irrelevant to the process--we have only ourselves to blame.
An expanded definition of environmental information? Minch v Commissioner for Environmental Information [2016] IEHC 91
(SAGE Publications, 2016)
A recent Irish High Court decision has overturned a decision of the Commissioner for Environmental Information not to grant access to a report on broadband networking infrastructure on the grounds that the document sought ...
Autonomy and prenuptial agreements in Ireland: A relational analysis
(Cambridge University Press, 2018-04-03)
Unlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial
agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly
regarding ...
Multiple publication and online defamation - recent reforms in Ireland and the UK
(Masarykova Univerzita Nakladatelstvi,Masaryk University Press, 2012)
The multiple-publication rule, allowing for a new cause of action each time a defamatory statement is published, has applied to non-internet publications for well over a century. Its application to online publications ...