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Articles 1 - 7 of 7
Full-Text Articles in Law
'The Way Of The World', International Economic Law And National Constitutions: Irish Constitutional Sovereignty And The Eurozone Crisis, Darren O'Donovan
'The Way Of The World', International Economic Law And National Constitutions: Irish Constitutional Sovereignty And The Eurozone Crisis, Darren O'Donovan
Darren O'Donovan
The height of the Eurozone crisis was accompanied by the emergence of the aphorism: 'when solvency goes, sovereignty goes'. Within the Irish legal system, both commentators and judges have been forced to engage with the question of what a constitution can deliver, and to what extent understandings of constitutional sovereignty must evolve, when a nation is confronted with the realities of sovereign insolvency. While issues of sovereignty are often analysed through the prism of politics or economics, or through the design or evolution of the constitutional order of the European Union, this article focuses upon the place of the legal …
Submission On Behalf Of The Centre For Law, Governance And Public Policy In Response To The Youth Justice And Other Legislation Amendment Bill 2014, Darren O'Donovan, Jodie O'Leary, Bruce Watt
Submission On Behalf Of The Centre For Law, Governance And Public Policy In Response To The Youth Justice And Other Legislation Amendment Bill 2014, Darren O'Donovan, Jodie O'Leary, Bruce Watt
Darren O'Donovan
Extract Young people involved in the justice system can have complex needs relating to education, mental health, family and other relationships, substance abuse, and the development of pro-social attitudes. Multi-agency coordination is essential to address these problems. The 2010 Review of Effective Practice in Juvenile Justice (NSW) found that the complexity and scope of an effective response to juvenile crime necessitates a whole-of-community approach, involving coordination between state and local agencies responsible for administering juvenile justice, the police, welfare agencies, schools, health authorities, etc (Noetic 2010). The failure of governments to address these complex problems due to poor multiagency coordination …
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Darren O'Donovan
Extract: Higher education is increasingly viewed, particularly in the United States, as a market approaching systemic failure. Legal education has been singled out as a subset of this overall trend, emblematic of a growing disconnect between investment and outcome. Internationalisation adds another layer of complexity and volatility to designing effective interventions that connect students with globalised opportunity. Crucially however, it also provides a chance for a rigorous re-evaluation of the purposes and modalities of legal education, and a greater reflection on sustainable growth rather than the reinforcing of bubble logic. In this chapter, I want to use the concept of …
Law And Public Administration In Ireland, Fiona Donson, Darren O'Donovan
Law And Public Administration In Ireland, Fiona Donson, Darren O'Donovan
Darren O'Donovan
Extract: It is often said that administrative law is notoriously difficult to study and to teach because its doctrines are abstract and nuanced, moving across a wide array of statutes and aspects of legal practice. This book is an attempt to defend administrative law as an exciting and dynamic subject which is central to meeting the future challenges facing Irish public governance. Law and Public Administration in Ireland inevitably focuses heavily upon judicial review, as the central aspect of the legal regulation of governance, providing a firm backstop against government abuse of power. In our account of the grounds of …
Critical Junctures: Regulatory Failures, Ireland's Administrative State And The Office Of The Ombudsman, Fiona Donson, Darren O'Donovan
Critical Junctures: Regulatory Failures, Ireland's Administrative State And The Office Of The Ombudsman, Fiona Donson, Darren O'Donovan
Darren O'Donovan
Extract: In the aftermath of global financial crisis, the importance of effective regulatory interventions by government has come into sharp relief. The failure of public administration and political oversight that underwrote the collapse of the Irish economy in 2008 has provoked widespread reflection on the need for increased administrative review in the country. This has extended beyond the specific financial sphere, to broader public law reform targeting executive power by building an improved parliamentary culture, greater independent oversight and concentrating democratic participation. In this article, we critique the Irish regulatory state through the prism of the pressures, conflicts and reforms …
'Visions Of A Distant Millennium'? The Effectiveness Of The Un Human Rights Petition System, Darren O'Donovan, Patrick Keyzer
'Visions Of A Distant Millennium'? The Effectiveness Of The Un Human Rights Petition System, Darren O'Donovan, Patrick Keyzer
Darren O'Donovan
Extract: A later injunction of the then UN Secretary-General: 'We must move from an era of legislation to an era of implementation', represents a fundamental challenge to the norm-laden, fragmented UN human rights treaty system. The past decade has seen much academic work questioning its effectiveness. The question whether international monitoring bodies can cross conceptual, political and cultural barricades to ensure outcomes for individuals is at the core of a new focus upon implementation. Despite the ever-expanding corpus of human rights instruments, an allegation can be made that 'without (an) understanding of the connection of law and behaviour, an explanation …
The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, Darren O'Donovan
The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, Darren O'Donovan
Darren O'Donovan
The diplomatic dispute that erupted between Ireland and the Holy See concerning the reports of Commissions of Investigation into child abuse in the dioceses of Cloyne1 and Dublin2 provoked critical reflection on a traditionally privileged bilateral relationship. It should also be viewed as having made a highly significant contribution to broader debates concerning the Holy See’s status under international law. The Holy See’s uniquely opaque and sui generis status contributed to the unprecedented tension between it and the Irish State during the diplomatic controversies.