Final Reminder: Call for Papers Irish Society of Comparative Law Annual Conference 2013

The School of Law at NUI Galway will host the Irish Society of Comparative Law 5th Annual Conference on Friday 24th and Saturday 25th of May 2013 in Galway.  The theme for the Irish Society of Comparative Law’s Annual Conference 2013 is ‘Comparative Public Law’.  Papers placing Irish public law in comparative perspective are especially encouraged, but any topic in comparative or legal systems may be proposed including private law topics.  Proposals for thematic panels of papers are also welcomed.  The primary objective of the Irish Society of Comparative Law is to encourage the comparative study of law and legal systems.  Students fully registered for a masters in law, or law-related area (LL.M, MA) are encouraged to submit papers, and the 2nd ISCL Young Researcher Prize will be awarded to the best paper delivered by a student in this category.

Proposals for papers for the 2013 conference Continue reading “Final Reminder: Call for Papers Irish Society of Comparative Law Annual Conference 2013”

Final Reminder: Call for Papers Irish Society of Comparative Law Annual Conference 2013

PhD Studentships at Durham: Dividing Political Power among People(s)

The Law School at Durham University is pleased to invite applications for two three-year doctoral studentship, fully funded (fees and maintenance grant) as part of the ERC – funded project entitled “Dividing Political Power among People(s): A New Federal Theory for the 21st Century”.

The project aims to explore international and national phenomena that have challenged the idea of the sovereign state, and will explore these developments through the lens of federal theory.

Durham is looking for candidates who are interested in pursuing doctoral research in one of three broad areas:

(1) the United Kingdom and the “British Empire”;

(2) American federalism – Old or New; or

(3) German federalism – Old or New.

Applicants should be outstanding law graduates, with a particular interest in constitutional or comparative law. They will be part of a research team lead by Professor Schütze. Further details, including how to apply are available here.

Several other postgraduate funding opportunities are also currently available at Durham Law School, the details are available here.

PhD Studentships at Durham: Dividing Political Power among People(s)

Call for Papers Irish Society of Comparative Law Annual Conference 2013

The School of Law at NUI Galway will host the Irish Society of Comparative Law 5th Annual Conference on Friday 24th and Saturday 25th of May 2013 in Galway.  The theme for the Irish Society of Comparative Law’s Annual Conference 2013 is ‘Comparative Public Law’.  Papers placing Irish public law in comparative perspective are especially encouraged, but any topic in comparative or legal systems may be proposed including private law topics.  Proposals for thematic panels of papers are also welcomed.

The primary objective of the Irish Society of Comparative Law is to encourage the comparative study of law and legal systems.  Students fully registered for a masters in law, or law-related area (LL.M, MA) are encouraged to submit papers, and the 2nd ISCL Young Researcher Prize will be awarded to the best paper delivered by a student in this category.

Proposals for papers for the 2013 conference should be short (250 words max) and sent to Charles O’Mahony at charles.omahony@nuigalway.ie.  The deadline for receipt of proposals is Friday 15 February 2013.  Applicants will be notified by Thursday 28th February 2013 if their paper proposal is successful.  There will be an opportunity for poster presentations (Posters A1 size) to be displayed in the foyer of the conference venue, Aras Moyola.  Poster presenters are expected to attend the conference in the normal way and to be available to discuss their work.  You do not have to be a member of the ISCL to propose a paper or be selected to present a poster.  Registration forms and additional information will be available early in 2013.

The Irish Society of Comparative Law was established in June 2008 and is recognised by the International Academy of Comparative Law.  The ISCL is open to those interested in Irish and comparative law.  Its purpose is to encourage the comparative study of law and legal systems and to seek affiliation with individuals and organisations with complementary aims. Queries regarding the ISCL should be directed to Niamh Connolly at niamh.connolly@tcd.ie.

The School of Law, NUI Galway has a long and distinguished tradition of teaching law and legal scholarship since 1849.  The School of Law is comprised of full-time professors and lecturers who are academics producing research across a number of fields including human rights law, international and comparative disability law and policy, legal theory, criminal law, commercial law, maritime law and media law.  Large national and international research projects, international conferences and guest lectures are organised under the auspices of the School of Law and its research centres, the Irish Centre for Human Rights and the Centre for Disability Law and Policy.  The School of Law is home to a thriving Ph.D programme and offers a number of taught LL.M programmes including a dynamic LL.M in Public Law.

Call for Papers Irish Society of Comparative Law Annual Conference 2013

Human Rights Lexicon: 'Foreign Law' in Constitutional Adjudication

In this fifth contribution to today’s Human Rights Lexicon, Dr Fiona de Londras—a regular contributor here at HRinI—considers the role that comparative and international human rights law can play in domestic rights protections.

Human Rights Lexicon: Using ‘Foreign Law’ to develop Constitutional Rights

Using international and comparative law in human rights litigation and scholarship often results in a hostile or at the least sceptical response. After all, the typical respondent to such a suggestion will say, we have a constitution with a bill of rights and an independent judiciary; what do we need to use other law for? Thankfully in Ireland this response is not that prevalent; it is certainly less prevalent here than in other jurisdictions. However, there remains some scepticism about the extent to which comparative and international law can be useful and, indeed, some concerns that using these sources of law in our domestic rights protection can undermine our sovereignty. In this contribution to the human rights lexicon I want to take on these claims by considering the contribution that international and comparative law can play in developing constitutional understandings of rights and arguing that using these sources of law in constitutional development is appropriate and helpful. Continue reading “Human Rights Lexicon: 'Foreign Law' in Constitutional Adjudication”

Human Rights Lexicon: 'Foreign Law' in Constitutional Adjudication

Guest Contribution: Walsh on Compulsory Acquisition for Private Development

We are very pleased to welcome this guest contribution from Rachael Walsh, a PhD candidate in Trinity College Dublin, on lessons for Irish courts from the US experience of compulsory acquisition of land for the purposes of private development. You can learn more about Rachael on our Guest Contributors page.

Compulsory Acquisition for Private Redevelopment – Lessons from the U.S.

A basic legal principle in most jurisdictions that protect the right to private property is that the State cannot take an individual’s property and transfer it to another person in order to confer a private benefit. Rather, the State must have a public purpose of some kind to support its use of compulsory acquisition powers. This limit on the State’s power safeguards an individual’s right to possession of his or her property rather than simply to the value of the property, as the State is not free to take property just because it pays compensation to the dispossessed owner.

Controversy has arisen in the U.S. over whether “economic development” is a sufficiently public purpose to support a compulsory acquisition of private property for redevelopment by another private individual or entity, reaching its height in the debate surrounding the Supreme Court’s decision in Kelo v City of New London 545 U.S. 469 (U.S. 2005). The Court held that New London, which was designated a “distressed area” because of its high unemployment rate, could compulsorily acquire the applicants’ homes in order to implement a development plan for the area. The plan was drawn up when Pfizer announced it intended to build a $300 million research facility in the city, and it proposed the construction of a waterfront conference hotel, restaurants, shopping and marinas, as well as research and development office space. In a 5-4 decision, the Supreme Court upheld New London’s exercise of its compulsory acquisition powers. The decision has been widely criticised in the U.S. and has galvanised the property rights movement, resulting in amendments to state constitutions to limit the use of compulsory acquisition powers. Unfortunately, in New London the planned construction has not happened, and the acquired lands remain undeveloped. To add insult to injury, Pfizer announced it was pulling out of the city in November 2009. (New York Times report) Continue reading “Guest Contribution: Walsh on Compulsory Acquisition for Private Development”

Guest Contribution: Walsh on Compulsory Acquisition for Private Development