Browsing School of Law by Title
Now showing items 107-126 of 137
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Review of Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights: A Commentary (Hart Publishing 2014)
(Irish Society for European Law, 2015)This is not just the latest commentary on the EU Charter of Fundamental Rights (the Charter)1 but the definitive commentary, at least until it is overtaken by developments in the European courts and requires an update. ... -
Review of the legal framework applicable to MPAs as a tool for ecosystem conservation & fisheries management
(AREA, 2006-02)A review of the legal basis in a number of international and European legal instruments underpinning the establishment of Marine Protected Areas (MPAs) as a tool for ecosystem conservation and fisheries management. The ... -
The right to education: Article 24 of the CRPD
(Clarus Press, 2017)The right to education has been described as “a pre-requisite to the exercise of many other rights.”2 This statement is fitting in terms of the educational rights of disabled people, which are intrinsically linked with ... -
The right to legal agency: domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
(Cambridge University Press, 2017-02-15)Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity ... -
The role of regional advisory councils in the European Common Fisheries Policy: Legal constraints and future options.
(Brill Academic Publishers, 2010-04)One of the outcomes of the reform of the European common fisheries policy (CFP) in 2002 was the establishment of Regional Advisory Councils (RACs) to enable the European Commission to benefit from the knowledge and experience ... -
The role of regional advisory councils in the European Common Fisheries Policy: legal constraints and future options.
(Martinus Nijhoff, 2010-05)One of the outcomes of the reform of the European common fisheries policy (CFP) in 2002 was the establishment of Regional Advisory Councils (RACs) to enable the European Commission to benefit from the knowledge and ... -
Rules as code and the rule of law: ensuring effective judicial review of administration by software
(Taylor and Francis Group, 2024-02-09)This paper considers the possible benefits and substantial risks of ‘Rules as Code’, the parallel drafting of legislation and codification in software, which has been the subject of attention from policy-makers and pilot ... -
Selective Conscientious Objection in International Law: Refusing to Participate in a Specific Armed Conflict
(Netherlands Quarterly of Human Rights, 2002-12) -
Socially constructed hierarchies of impairment: the case of Australian and Irish Workers' access to compensation
(Springer Verlag, 2017-11-27)Objectives: Socially constructed hierarchies of impairment complicate the general disadvantage experienced by workers with disabilities. Workers with a range of abilities categorized as a disability are likely to experience ... -
State intervention in the lives of people with disabilities: the case for a disability-neutral framework
(Cambridge University Press, 2017-02-15)People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach ... -
Stokes v Christian Brothers High School: An exercise in splendid isolationism?
(Thomson Round Hall, 2015)This article will examine the case of Stokes v Christian Brothers High School Clonmel. The particular focus of the article is to question the failure to assess the prohibition on indirect discrimination within the overarching ... -
‘Substantial Interest’ requirement for judicial review of planning decisions: Harding v Cork County Council and An Bord Pleanála and Xces Projects Ltd now known as Kinsale Harbour Developments Ltd [2008] IESC 27; [2008] 2 ILRM 251
(SAGE Publications, 2009-02)The Supreme Court of Ireland recently considered the criteria by which a person may be said to have a “substantial interest” (which is the statutory requirement) in a planning matter which is sufficient to allow that person ... -
Sutherland v Hatton: A Solution to Ireland's Occupational Stress Question?
(2002)The Irish Courts have not dealt with the issue of occupational stress claims in any great detail. However, in a recent UK decision, Sutherland v Hatton1 , where four separate appeals were joined together, the Court of ... -
Toolkit on best practice for health and social care professionals to respect the rights of persons with disabilities in public health emergencies
(Centre For Disability Law And Policy, University of Galway, 2023)Introduction & purpose of toolkit. The Covid-19 pandemic put health and social care services under unprecedented strain. Before the development of effective vaccines, hospitals and intensive care units were pushed to the ... -
Toolkit on best practice for states to respect the rights of persons with disabilities in public health emergencies
(Centre For Disability Law And Policy, University of Galway, 2023)Introduction & purpose of toolkit. The Covid-19 pandemic exposed the speed at which the rights of persons with disabilities can be either deprioritised or forgotten altogether in times of public health emergencies. The ... -
Towards a common standard of protection of the right to housing in Europe through the charter of fundamental rights
(Wiley, 2019-12-17)The trend towards the financialisation of housing since the 1980s and the global financial crisis exposed a dramatic lacuna in the legal protection of the right to housing. Yet, the right to housing features not only in ... -
Translating popular sovereignty as unfettered constitutional amendability
(Cambridge University Press, 2019-12-03)Popular sovereignty translated as unfettered constitutional-amendment power - Weakness of constituent power as justification for unfettered amendability - Alternative concept of sovereignty as unaccountability of constituted ... -
The UN Convention on the Rights of Persons with disabilities and access to Covid-specific healthcare by persons with disabilities: a comparative analysis
(University of Galway, 2023)The Covid-19 pandemic was a global public health emergency which impacted on almost every aspect of life and society. Yet the impact on persons with disabilities was particular and unique – combining as it did ...