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• Introduction
• Marriage equality by popular vote : the Irish and Australian experiences
• Same-sex relationships beyond marriage : civil partnership and cohabitation in Ireland
• Parental rights for same-sex parents of surrogate-born and donor-conceived children : forging a legal framework for Ireland
• Same-sex relationships, marriage and parental rights under the ECHR
• Concluding remarks

"This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law. It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote. It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland's hurried 'divorce' from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction. The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy. Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex"-- Provided by publisher

• Introduction: State accountability and responsiveness / James Gallen, Tanya Ní Mhuirthile
• ‘Vulnerability’ as a factor in the assessment of claims before the European Court of Human Rights / Ann Power Forde
• The impact of the Charter of Fundamental Rights : the case of the Returns Directive / Stephen Coutts
• Prosecuting domestic abuse : vulnerability theory as heuristic / Antonia Porter
• Vulnerability in the Irish criminal trial process : the situation of giving evidence / Liz Heffernan
• State accountability and the vulnerable individual : an Irish restorative approach / Darren McStravick
• Vulnerability, resilience and the responsive state in transitional societies : seriously injured victims of the troubles in Northern Ireland / Luke Moffett
• Responding to abuse in Ireland : what can the Catholic Church learn from the Truth and Reconciliation Commission of Canada? / Gladys Ganiel
• Institutional liability, historical abuses and vulnerability / James Gallen
• Vulnerability, social and economic rights and austerity in Ireland / Claire-Michelle Smyth
• Social rights and situational vulnerability in the UK : theory and practice
• Is marriage a cure for all ills? : vulnerability and LGBTQ communities in the wake of the Marriage Referendum / Fergus Ryan
• Transgender children and young people in Ireland : socio-legal challenges to self-identification and expression of gender / Máire Leane, Fiachra Ó Súilleabháin
• Recent reforms in law on LGBT rights in Ireland : tightening the tourniquet in the rights of vulnerable intersex people / Tanya Ní Mhuirthile

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
(source: Nielsen Book Data)

"Long before her retirement, Judge Gillian Hussey had been conferred with the status of “legend of the bench”. This book gives a wonderful insight into the complex demands and balances that confronted her day in, day out. It’s a fascinating and informative read that will hold your attention to the very end.’ John Lonergan, author and former Governor of Mountjoy Prison. When Gillian Hussey started out in Bridewell District Court in 1984, little did she realize that she would deal with some of the most notorious criminals in Ireland, including the Kinahans, the Cahills, ‘The Monk’ and John Gilligan. As one of Ireland’s first female judges, Gillian was very much a woman in a man’s world. Unafraid to look beyond the courtroom, she always sought to better understand the human – not just the criminal – who stood before her in the dock. Through her work, Gillian spent a lifetime learning about people, society and herself. This fascinating insight into the career of a trailblazing woman reveals the inner workings of Ireland’s criminal courts, explores the changes in Irish society and shares some timeless truths learned from almost 20 years on the bench"-- Provided by publisher.

• Introduction
• Manuscript sources
• Concordances of MS sources with CIH
• Notes on the dates of the text
• Editorial method
• Aidbred : text, variants, commentary, and translation
• Heptad 64 : text, variants, commentary, and translation
• Muirbretha : text, variants, commentary, and translation

Charlene M. Eska presents in this book a critical edition and translation of a newly discovered early Irish legal text on lost and stolen property, Aidbred. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information, thus presenting us with a complete picture of the legal procedures involved in reclaiming missing property. This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.
(source: Nielsen Book Data)

• Cover
• Title page
• Copyright
• Dedication
• Table of contents
• Acknowledgments
• Contributors
• 1. Introduction
• 2. Gladstone's grudging appointment of Christopher Palles as Chief Baron
• 3. At law, at equity, (sometimes) at odds with other judges: Chief Baron Palles and the Judicature Act
• 4. Palles and company law: forgotten (and forgettable?) judgments
• 5. Chief Baron Christopher Palles and the Irish land question, 1870-91
• 6. From proof to presumption: the contribution of Palles CB to the public benefit debate in charity law

• 7. Safeguarding against 'evil results': the Lord Chief Baron and contempt of court
• 8. Palles CB and the development of certiorari
• 9. Compensation for criminal injuries: Palles at the intersection of civiland criminal law
• 10. The influence of Chief Baron Palles on the development of the doctrines of vicarious liability and the non-delegable duty of care
• 11. 'I would much prefer the opinion of a jury upon the subject to my own': Christopher Palles and tort
• 12. The Aeolus episode in Ulysses and the Freeman's Journal: Chief Baron Palles and the law of defamation
• 13. Conclusion

• Table of Cases
• Table of Statutes
• Index

• Introduction
• Legal bondage and 'betaghs'
• Free Gaelic men in English Ireland
• The legal status of women
• Legal discrimination, disseisins, and land transfers
• Irish Sea region ethnicities
• The effects of ethnicity in criminal cases
• The role of ethnicity in the legal status of clerics
• Conclusion

• Introduction
• The reign of popular sovereignty in Ireland : an antidote to populism? / Maria Cahill
• Popular sovereignty under the 1922 Constitution : theory and reality / Laura Cahillane
• Self-determination, the Good Friday Agreement, and the Irish constitutional framework / Michael Kearney
• Conceptualising popular sovereignty in the Irish constitutional order / Eoin Daly
• Populism, 'the people’ and popular sovereignty / Raphaël Girard
• The relational state : infusing sovereignty with the lessons of the relational autonomy / Clara Hurley
• Introduction to Part 2 : expressing popular sovereignty through constitutional referendums / Conor O’Mahony
• Modalities, political practices and the law on referendums in Ireland : some observations / Gavin Barrett
• The will of the people? : referendums, popular sovereignty and individual action to overturn referendum results in Ireland / Jennifer Kavanagh
• Democratic constitutionalism or elite control? : revisiting the 2004 Irish Citizenship Referendum / Hilary Hogan
• The risks of referendums : ‘referendum culture’ in Ireland as a solution? / David Kenny
• Deliberative mini-publics as a response to populist democratic backsliding / Oran Doyle, Rachael Walsh
• Informal constitutional change, constitutional legislation and local government / Alex Layden
• Popular sovereignty, Irish reunification and change on the island of Ireland / Colin Harvey
• Conclusion: Irish popular sovereignty from a domestic and comparative perspective / Colm Ó Cinnéide

"This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references is made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science"-- Provided by publisher

• 1. Progressive Property in Action: Widening the Doctrinal Lens
• 2. Understanding Progressive Property: Traits, Themes and Values
• 3. Property as Ideology, Individual Right, and Institution
• 4. Engaging Constitutional Property Rights
• 5. Standards of Review and the Form of Constitutional Property Rights
• 6. Adjudicating Fairness: The 'Unjust Attack' Assessment
• 7. Security of Possession in a Progressive Constitutional Context
• 8. Security of Value in a Progressive Constitutional Context
• 9. 'Progressive Property' in Action: Context, Complexity, and the Democratic Mediation of Property Rights and Social Justice.
• (source: Nielsen Book Data)

Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
(source: Nielsen Book Data)

Ignatius O'Brien was the youngest son of a struggling Cork business family. After somewhat unhappy experiences at a Cork Vincentian school and the Catholic University of Ireland, he studied to become a barrister while supporting himself as a reporter on Dublin newspapers. Over time he built up a reputation in property and commercial law, and an ultimately successful career led to him being appointed a law officer and later Lord Chancellor under the post-1906 Liberal governments. He avoided party politics, but was a moderate home ruler who attributed the troubles besetting relations between Britain and Ireland to a failure to implement moderate reforms in time. After being created Baron Shandon on his removal as Lord Chancellor, he moved to England, where as a member of the House of Lords he was involved in various peace initiatives. His reminiscences of and reflections on the relatively self-contained world of mid-Victorian Cork, of student and journalistic work and play in Land War Dublin, of the struggles of an aspiring barrister on circuit, and of the declining years of Dublin Castle provide new insights into Irish life in the closing decades of the union. He also gives his impressions of prominent contemporaries, including Charles Stewart Parnell, Edward Carson, and Lord Chief Justice Peter O'Brien ("Peter the Packer"). The publication by the Irish Legal History Society of this important memoir is accompanied by detailed notes and commentaries on its legal and political context by Daire Hogan and Patrick Maume.

Ignatius O'Brien was the youngest son of a struggling Cork business family. After somewhat unhappy experiences at a Cork Vincentian school and the Catholic University of Ireland, he studied to become a barrister while supporting himself as a reporter on Dublin newspapers. Over time he built up a reputation in property and commercial law, and an ultimately successful career led to him being appointed a law officer and later Lord Chancellor under the post-1906 Liberal governments. He avoided party politics, but was a moderate home ruler who attributed the troubles besetting relations between Britain and Ireland to a failure to implement moderate reforms in time. After being created Baron Shandon on his removal as Lord Chancellor, he moved to England, where as a member of the House of Lords he was involved in various peace initiatives. His reminiscences of and reflections on the relatively self-contained world of mid-Victorian Cork, of student and journalistic work and play in Land War Dublin, of the struggles of an aspiring barrister on circuit, and of the declining years of Dublin Castle provide new insights into Irish life in the closing decades of the union. He also gives his impressions of prominent contemporaries, including Charles Stewart Parnell, Edward Carson, and Lord Chief Justice Peter O'Brien ("Peter the Packer"). The publication by the Irish Legal History Society of this important memoir is accompanied by detailed notes and commentaries on its legal and political context by Daire Hogan and Patrick Maume.

• Introduction
• A brief history
• Who was who in ancient Ireland
• For the protection of the people
• Awareness of animals
• Laws of the land
• The rights of women
• A day in the life of ancient Ireland

A fascinating look at the lifestyle and values of ancient Ireland Thousands of years ago, Celtic Ireland was a land of tribes and warriors; but a widely accepted, sophisticated and surprisingly enlightened legal system kept society running smoothly. The brehons were the keepers of these laws, which dealt with every aspect of life: land disputes; recompense for theft or violence; marriage and divorce processes; the care of trees and animals. Transmitted orally from ancient times, the laws were transcribed by monks around the fifth century, and what survived was translated by nineteenth-century scholars. Jo Kerrigan has immersed herself in these texts, revealing fascinating details that are inspiring for our world today. With atmospheric photographs by Richard Mills, an accessible introduction to a hidden gem of Irish heritage.
(source: Nielsen Book Data)

• Introduction to the Irish legal system
• Development of the Irish legal system
• The legal profession
• The court system, the judiciary and administration of the courts service
• The first instance jurisdiction of the courts
• Civil and criminal court procedure
• The appellate jurisdiction of the courts
• Other dispute resolution processes : mediation, arbitration, administrative adjudicative bodies and ombudsmen
• Access to law
• Remedies and enforcement in civil and criminal matters
• Law reform
• Precedent
• Legislation
• Interpretation of legislation
• The constitution and its interpretation
• European Union law
• International law

This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.
(source: Nielsen Book Data)

• Introduction: The 'anatomy of a divorce'
• Divorce in two legislatures : Irish divorce, 1701-1857
• The failings of the law : the cases of Talbot and Westmeath
• A non-inclusive reform : Ireland and the Divorce and Matrimonial Causes Act of 1857
• Divorce in the post-reform era of 1857-1922 : 'like diamonds, gambling, and picture-fancying, a luxury of the rich'
• The widening definition of marital cruelty
• Divorce in court, 1857-1922
• 'An exotic in very ungenial soil' : divorce in the Northern Ireland Parliament, 1921-1939
• With as 'little provocation as possible' : the Northern Ireland move to court
• An 'unhappy affair' : divorce in independent Ireland, 1922-1950
• Marriage law 'in this country is an absolute shambles' : the reform agenda
• A 'curiosity (and) ... an oddity' : referenda in 1986 and 1995
• The 'last stretch of a long road' : the Family (Divorce) Law Act of 1996
• Conclusion

This is the first history of Irish divorce. Spanning the island of Ireland over three centuries, it places the human experience of marriage breakdown centre stage to explore the impact of a highly restrictive and gendered law and its reform. It considers the accessibility of Irish divorce as it moved from a parliamentary process in Westminster, the Irish parliament and the Northern Ireland parliament to a court-based process. This socio-legal approach allows changing definitions of gendered marital roles and marital cruelty to be assessed. In charting the exceptionalism of Ireland's divorce provision in a European and imperial framework, the study uncovers governmental reluctance to reform Irish divorce law which spans jurisdictions and centuries. This was therefore not only a law dictated by religious strictures but also by a long-lived moral conservatism.
(source: Nielsen Book Data)

• Fact-finding, determinations and applications
• Constitutionalism : human rights and the impact on the Irish criminal process
• Basic concepts of the law of evidence
• Witness system : competence and compellability
• Witness system : corroboration
• The rule against hearsay
• Opinion evidence
• Illegally obtained evidence
• Privilege
• Evidence of bad character and prior misconduct
• Cross-examination of the accused
• From the particular to the general : normalisation and fair trial 'rights'

The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.
(source: Nielsen Book Data)

• Introduction
• Normalised text and translation
• Diplomatic text

"This Treatise is attributed to Giolla na Naomh Mac Aodhagáin (MacEgan), chief judge of the province of Connacht, who died in battle in 1309 alongside his king Aodh Ó Conchobhair (O'Conor). It is of special importance as it provides a professional lawyer's account of Irish 'Brehon' law in the period after the Anglo-Norman invasion of 1169"-- Back cover

• Researching law and legal research : introducing the case studies approach / Laura Cahillane and Jennifer Schweppe
• The case for a qualified veto system of adverse possession in Ireland : a doctrinal approach with "bells and whistles" / Una Woods
• Who gets to decide on marriage equality? : a reflection on comparative research / Conor O'Mahony
• Researching the Irish Free State constitution : law and history / Laura Cahillane
• Using international law in interdisciplinary human rights research / Clíodhna Murphy, Mary Gilmartin and Leanne Caulfield
• The Northern/Irish Feminist Judgments Project : experiments in feminist legal research / Máiréad Enright and Aoife O' Donoghue
• "Changing Ireland, changing law" : access to justice and understanding the lived experience / Ivana Bacik and Mary Rogan
• Researching with hard to access communities : understanding the relationship between the trans community and An Garda Síochána in Ireland / Amanda Haynes, Jennifer Schweppe and Niamh Dillon
• Capturing cultures of control : some reflections on social research / Claire Hamilton
• Using methodological triangulation to understand illicit drug markets / Johnny Connolly
• Crossing the line : ethnographic fieldwork on crime and justice / Jonathan Ilan
• Researching domestic violence : the INASC Project / Conor Hanly
• Mixed methods inquiry in law : exploring the temporal burdens of medical negligence litigation / Mary-Elizabeth Tumelty
• Research at the Law Reform Commission / Ciarán Burke and Raymond Byrne

The methodological approach and methods used in any particular research project are key to its success. In Legal Research Methods: Principles and Practicalities (Clarus Press, 2016), the contributors assessed the relative utility of a variety of methods and methodologies in the context of legal research generally. Taking a case studies approach, contributors to this text have written about the methods used in a particular piece of research, outlining the justification for the choice of that methodology; describing the methods used; detailing the advantages, disadvantages and challenges to the approach taken; discussing any ethical considerations that arose in the context of the research; reflecting on the approach taken; and concluding with advice to scholars engaging with similar methods or methodologies. Each chapter is structured in the same way in order to allow for ease of comparison between the approaches taken.
(source: Nielsen Book Data)

• Statutory provision for interpreters
• The extent of interpreter provision
• Remuneration of salaried interpreters
• Appointment of interpreters
• Interpreting at petty session
• Interpreter ethics
• R v Burke (1858)
• The Maamtrasna case and policemen as interpreters
• Interpreter provision in other settings
• Irish speakers and interpreter provision in each county

The extent and duration of interpreter provision for Irish speakers appearing in court in the long nineteenth century have long been a conundrum. In 1737 the Administration of Justice (Language) Act stipulated that all legal proceedings in Ireland should take place in English, thus placing Irish speakers at a huge disadvantage, obliging them to communicate through others, and treating them as foreigners in their own country. Gradually, over time, legislation was passed to allow the grand juries, forerunners of county councils, to employ salaried interpreters. Drawing on extensive research on grand jury records held at national and local level, supplemented by records of correspondence with the Chief Secretary's Office in Dublin Castle, this book provides definitive answers on where, when, and until when, Irish language court interpreters were employed. Contemporaneous newspaper court reports are used to illustrate how exactly the system worked in practice and to explore official, primarily negative, attitudes towards Irish speakers. The famous Maamtrasna murders trials, where, most unusually for such a serious case, a police constable acted as court interpreter, are discussed. The book explains the appointment process for interpreters, discusses ethical issues that arose in court, and includes microhistories of some 90 interpreters