Digital Commons Network^™

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Judicial Impartiality In The Judicial Council Act 2019: Challenges And Opportunities, Brian M. Barry Dr

Articles

The Judicial Council is tasked with promoting and maintaining high standards of judicial conduct. The Judicial Council Act 2019 identifies judicial impartiality as a principle of judicial conduct that Irish judges are required to uphold and exemplify. Despite its ubiquity, judicial impartiality is perhaps under-explained and under-examined.

This article considers the nature and scope of judicial impartiality in contemporary Irish judging. It argues that the Judicial Council ought to take a proactive, multi-faceted approach to promote and maintain judicial impartiality, to address contemporary challenges that the Irish judiciary face including increasingly sophisticated empirical research into judicial performance, the proliferation of …

Workplace Dispute Resolution In Ireland At A Crossroads: Challenges And Opportunities, Brian M. Barry Dr

Articles

The Workplace Relations Act 2015 fundamentally reformed the workplace dispute resolution system in Ireland–the centrepiece being the Workplace Relations Commission, the new body for first-instance dispute resolution. While the overall system is an improvement on its overly-complex and confusing predecessor, the Supreme Court’s decision in Zalewski v An Adjudication Officer declaring aspects of adjudication at the WRC unconstitutional, coupled with user representatives’ persistent concerns about how adjudication is conducted, present ongoing challenges.

This article describes the results of a survey undertaken in 2019 by the author of over one hundred representatives’ views on the system, and contextualises them in light …

Solving The Moro Problem: Legalizing The Bangsamoro Peace Process, Gene Carolan

Articles

The purpose of this paper is to highlight the structural features that are proving central to the stability of the 2014 Comprehensive Agreement on the Bangsamoro between the Government of the Philippines and the Moro Islamic Liberation Front, and those features that were detrimental to its predecessors.

This paper finds that a more highly legalized approach to peace-making has resulted in greater agreement stability in the Philippines. More precise in detail and inclusive in scope, the legal nature of the 2014 Comprehensive Agreement has made it more responsive to the root causes of the conflict, and resilient to incidents that …

Will The Construction Contracts Bill Improve Subcontractor Cash Flow?, Tony Cunningham

Other Resources

Cash-flow is very important to any construction business and its effective management is a key function of quantity surveyors, particularly those working in the contracting sector. Successful cash-flow management is challenging at the best of times, but takes on a heightened importance in times of economic difficulty. Irish contractors and, in particular, subcontractors are currently experiencing unprecedented financial difficulties in the wake of the banking and property market collapse. In an attempt to alleviate these difficulties and improve cash flow within the Industry, Senator Feargal Quinn introduced The Construction Contracts Bill 2010, (The Bill) in the Seanad. This study investigates …

Rehabilitation, Research, And Reform: Prison Policy In Ireland, Mary Rogan

Articles

The paper tracks the concept of rehabilitation within official thinking in

Ireland since the foundation of the State. It explores when and how the term was first

used and how it has fared since. It then examines barriers to and the role of research

in the making of prison policy and comments on data deficits in the system at present.

Finally it looks at the role of interest groups within the criminal justice system in

Ireland, and specifically their effect, or potential effect, on the formation of prison

policy.

Dealing With Overcrowding In Prisons: Contrasting Judicial Approaches From The Usa And Ireland., Mary Rogan

Articles

Two recent decisions, one given by the Supreme Court of the United States of America and one of the Irish High Court, address the consequences of overcrowding in prisons. In Brown, Governor of California et at v. Plata et al1 (hereinafter Plata) the US Supreme Court upheld a decision of a three judge federal court requiring the State of California to reduce its prison population to 137.5% of the prison system’s design capacity, requiring the release of up to 46,000 prisoners. The Court agreed that the overcrowding in the Californian prison system had caused the breach of prisoners’ rights under …

Irish Business And Society: Governing, Participating And Transforming In The 21st Century, John Hogan, Paul Donnelly, Brendan O'Rourke

Books/Book Chapters

Irish Business and Society is a contemporary exploration of the wide-ranging debates surrounding the relationships between business and society in 21^st century Ireland, providing a context in which to question and inform our perspectives on both. The book consists of diverse and thought-provoking contributions from leading business researchers, economists, sociologists and political scientists from Ireland and abroad, which address five central themes:

-- The Making and Unmaking of the Celtic Tiger

-- Governance, Regulation & Justice

-- Partnership & Participation

-- The nature of Irish Borders within Ireland, Europe & the Wider World

-- Interests & Concerns in Contemporary …

Young People On Remand, Mairéad Seymour, Michelle Butler

Reports

The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …

The Birth Of The European Union: Us And Uk Roles In The Creation Of A Unified European Community, Bruce Carolan

Articles

The United States jealously guards its national sovereignty. This has been reflected in reluctance to participate fully in international agreements or organizations with a 'supranational' flavor, such as the International Criminal Court or the Kyoto Protocols. It is therefore surprising to find that the United States was one of the principal architects of the supranational characteristics of what has developed into the European Union. Specifically, the earliest stages of European integration, which is embodied in the European Coal and Steel Community Treaty, were heavily influenced by US insistence on creation of supranational institutions that could exert dominance over sovereign European …

Civil Control Of The Military And Police In Ireland: The Armed Forces, Tom Clonan

Books/Book chapters

Independence and Civil War: Origins of Irish Defence Forces The Irish armed forces, known as the Permanent Defence Forces (PDF) or ‘Oglaigh na hEireann’ number approximately 10,000 personnel across the Naval Service, Army and Air Corps. The Defence Forces in Ireland play an active role domestically in ‘Aid to the Civil Power’ Operations or ATCP Ops with the Irish police force, An Garda Siochana. The Defence Forces are also active internationally in UN peacekeeping and peace enforcement operations in Europe, Asia, Africa and the Middle East. As an organisation, the Irish Defence Forces is a direct descendant of the Irish …