The Irish Human Rights Law Review 2010

The Irish Human Rights Law Review 2010


Focusing on the growing importance of Human Rights Law in Ireland.

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Editor: Donncha O’Connell | Assistant Editor: Siobhan Cummiskey | ISBN:978-1-905536-08-5 | Format: Paper Back | Price: €100 | Publication Date: April 2010 | Currency: Annual

Read Sample Materials

Inaugural Editorial – Donncha O’Connell
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An Ode to Contextualisation: İ.A. v Turkey – Dr Tarlach McGonagle
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The Irish Human Rights Law Review, to be published annually, will focus on the growing importance of Human Rights Law in Ireland. Each edition will feature articles by national and international experts as well as a substantial case note section with contributions from both legal practitioners and academics.

The inaugural issue of the IHRLRwill be published in April 2010. It will contain articles by the following contributors: Justice Michael Kirby of the Australian High Court, Dr. Alpha Connelly, former CEO of the Irish Human Rights Commission, Colm O Cinneide of University College London, Professor Pat Dolan, UNESCO Chair in Child & Family Support and Civic Engagement at NUI Galway and Marie McGonagle, Ciara Smyth and Dr. Padraic Kenna of the School of Law, NUI Galway. The contributors to the case note section are: Professor Rick Lawson of the University of Leiden, Senator Alex White, B.L., Brian Tobin of TCD, Dr. Tarlach McGonagle of the Institute of Information Law, University of Amsterdam, Siobhan Cummiskey, Solicitor, Dr. Laurent Pech of the School of Law, NUI Galway, Siobhan Phelan, B.L., Emer Meeneghan, B.L., and Aoife O’Donoghue of the University of Durham.

The Journal – the first of its kind – will be of interest to practitioners in the public and private sectors, academics and students.

About the Editor

Donncha O’Connell teaches Constitutional Law and European Human Rights at the Law School, NUI Galway where he was Dean of Law from 2005-2008. He is the Senior Irish member of FRALEX, the legal expert group that advises the EU Agency for Fundamental Right based in Vienna and is spending 2009-2010 as a Visiting Research Fellow at the Centre for the Study of Human Rights, LSE. From 1999-2002 Donncha was the first full-time Director of the Irish Council for Civil Liberties, a NGO founded in 1976 by Kader Asmal and Mary Robinson. In 2002 he was appointed as the Irish member of the EU Network of Independent Experts on Fundamental Rights. He is currently a member of the Board of Directors of the London-based NGO, INTERIGHTS – The International Centre for the Legal Protection of Human Rights, and has, in the past, been a board member of the Free Legal Advice Centres (FLAC) Ltd and Amnesty International Ireland. He is also on the Advisory Board of the Public Interest Law Alliance (PILA), a project of FLAC, and is chairperson of the Programme Forum of FOMACS, a collaborative public media project based in DIT.

Donncha co-edited (with Mike Milotte) five monographs in the Irish Academic Press series, Justice in Controversy, and writes and speaks extensively on public law and human rights issues. He is a member of the Board of Directors of Druid Theatre Company.


Inaugural Editorial – Donncha O’Connell
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Part I: Feature Articles
The Dreyfus Case a Century on— Ten Lessons for Ireland & Australia
The Hon Justice Michael Kirby AC CMG
The Irish Human Rights Commission: The Early Years
Dr Alpha Connelly
Aspirations Unfulfilled: The Equality Right in Irish Law
Colm O’Cinneide
Why is it so Difficult to Promote a Human Rights—Based Approach to Immigration?
Ciara Smyth
Local Authorities and the European Convention on Human Rights Act 2003
Dr Padraic Kenna
Privacy — Confusing Fundamental Values and Social Traditions
Marie McGonagle
Children’s Rights in Ireland: Legacy Issues and Future Prospects
Professor Pat Dolan
Part II: Case Notes
Feature Case Note
The Islamic Headscarf Dilemma: Leyla Şahin v Turkey
Dr Tarlach McGonagle
Recognition of Canadian Same-SexMarriage: Zappone and Gilligan v Revenue Commissioners and Others
Brian Tobin
Jurisdictional Issues: Bosphorus Airways v Ireland
Professor Rick Lawson
An Ode to Contextualisation: İ.A. v Turkey
Dr Tarlach McGonagle [Read This Article]
Dublin City Council v Fennell: A Stay of Execution for Section 62 of the Housing Act 1966
Siobhán Phelan
Torture and Diplomatic Assurances: Agiza v Sweden
Siobhán Cummiskey
Damages for Defamation: Independent News and Media and Independent Newspapers Ireland Limited v Ireland
Senator Alex White
Issue Estoppel in Criminal Proceedings: Lynch v Judge Caroll Moran and the DPP
Emer Meeneghan
“Trying to Have it BothWays” — On the First Judgments of the Court
of First Instance Concerning EC Acts Adopted in the Fight against International Terrorism
Dr Laurent Pech
Investigation of Disappearances: Gongadze v Ukraine
Aoife O’Donoghue


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