Governing Ireland:From Cabinet Government to Delegated Governance

The structures of Irish government were once considered reliably stable, professional and efficient. The economic crash of 2008 swept away all such sureties. How did we fail to foresee the challenges and avert a crisis that has undermined the state in every respect? Initial explanations have focused on the absence of robust mechanisms to challenge policy, a lack of imagination and expertise in policy design, and inadequacies in policy implementation and evaluation. Others still have pointed to the inability of traditional structures of decision-making and oversight to manage the multidimensional nature of modern policy problems, as well as an increasingly complex administrative system.

This new book offers a fresh and sustained scrutiny of the Irish system of national government. It examines the cabinet, the departments of Finance and the Taoiseach, ministerial relationships with civil servants, the growth and decline of agencies, the executive's relationship with Dáil Éireann and other monitoring agencies, the impact of the European Union, the courts, the media and social partnership. Distinguished academics are brought together in this volume to reassess Irish governance structures in the context of much greater diversity in policy processes and delegation in government. The book is essential reading for anyone interested in how the Irish state is governed, including practitioners and students of Irish politics.

The Houses of the Oireachtas:Parliament in Ireland

The Irish parliament - the Oireachtas - is nearing the centenary year of its foundation, making it one of the oldest continuously surviving parliaments in the world. As the most important national institution in the state, it plays an essential role in giving voice to a diversity of views and opinions, providing stable governments, approving law and national budgets and upholding democratic values. For much of its existence, however, and most pointedly in the context of recent banking and economic crises, it has been subject to criticism concerning its ability to adequately hold the executive to account, to act as a coherent policy-making forum, to meet the challenges arising from European Union membership, to embrace wide-ranging reforms and to develop with purpose and ambition.

This comprehensive new volume considers all aspects of the Houses of the Oireachtas - including their evolution, composition, organisation, financing, administration and reform. Contributors include academics, administrators and sitting and former parliamentarians. Contemporary challenges brought about by transformations in media style, increased inter-parliamentarism and the changing character of politics are also addressed. The book questions a number of assumptions about parliament and its work, including the efficacy of the legislative and budgetary processes, the nature of executive-legislative relations and the perceived encroachment of the courts on the legislature. Combined, this wide-ranging and detailed study fills a long-standing void, and provides essential reading not alone for those interested in Irish politics and government, but also for students and scholars of legislative studies.

Understanding Human Dignity

“Understanding Human Dignity” aims to help the reader make sense of current debates about the meaning and implications of the idea of “human dignity.” The concept of human dignity has probably never been so omni-present in everyday speech, or so deeply embedded in political and legal discourse. In debates on torture, abortion, same-sex marriage, and welfare reform, appeals to dignity are seldom hard to find. The concept of dignity is not only a prominent feature of political debate, but also, and increasingly, of legal argument. Indeed, courts tell us that human dignity is the foundation of all human rights. But the more important it is, the more contested it seems to have become. There has, as a result, been an extraordinary explosion of scholarly writing about the concept of human dignity in law, political philosophy, and theology. This book aims to reflect on these intra-disciplinary debates about dignity in law, philosophy, history, politics, and theology, through a series of edited essays from specialists in these fields, explored the contested concept in its full richness and complexity.

'All Good Things Must Come to an End': Terminating Co-Ownership Under the 'Old' Partition and Sale Rules

Despite its benefits, co-ownership of land creates problems where relations between the parties
have soured, or one person simply wants to extricate themselves from this arrangement. The
remedies of compulsory partition and sale allow one joint tenant or tenant in common to terminate
co-ownership against the wishes of the others, by seeking a court order to this effect. Throughout
parts of the common law world, this has be en based on nineteenth century English legislation namely
the Partition Act 1868, the key elements of which remain in force in Western Australia,
South Australia, Tasmania and the Australian Capital Territory. This article provides an up-to-date
analysis of the law on compulsory partition and sale as derived from the 1868 Act and analogous
provisions, drawing not only on Australian cases, but on frequently overlooked decisions from
courts in both parts of Ireland and in parts of Canada, as well as ‘old’ English judgments on the
1868 Act.

What is an absolute right? Deciphering absoluteness in the context of Article 3 of the European Convention on Human Rights

The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the ‘applicability’ criterion, which looks at whether and when the applicability of the standard referred to as absolute can be displaced, in other words whether other considerations can justify its infringement; the second parameter, which I have labelled the ‘specification’ criterion, explores the degree to which and bases on which the content of the standard characterised as absolute is specified. This theoretical framework is then used to assess key principles and issues that arise in the Strasbourg Court’s approach to Article 3. It is suggested that this analysis allows us to explore both the distinction and the interplay between the two parameters in the judicial interpretation of the right and that appreciating the significance of this is fundamental to the understanding of and discourse on the concept of an absolute right.

Export Cartels: Is it Legal to Target your Neighbour? Analysis in Light of Recent Case Law

Despite the growing sophistication of antitrust regimes around the world, export cartels benefit from special treatment: they are almost universally tolerated, if not encouraged in the countries of origin. Economists do not offer an unambiguous policy recommendation on how to deal with them in part due to the lack of empirical data. This article discusses arguments for and against export cartels and it identifies the existing gaps in the present regulatory framework. The theoretical part is followed by an analysis of the recent case law: a US cartel challenged with different outcomes in India and South Africa, as well as Chinese export cartels pursued in the USA. The Chinese cases are particularly topical as the conduct at stake, apart from being subject to private antitrust actions before US courts, was also challenged within the WTO dispute settlement framework, pointing out to the existing interface between trade and competition. While the recent developments prove that unaddressed issues tend not to vanish, the new South-North dimension has the potential of placing export cartels again on the international agenda. Pragmatic thinking suggests looking for the solution within the WTO framework.

Software Patents and the Digital Environment

Software is patentable in Europe so long as there is sufficient ‘technical contribution’ under the decades-long interpretation of the European Patent Convention made by the Boards of Appeal of the European Patent Office. Despite the failure of the proposed Directive on Computer Implemented Inventions, opponents of software patents have failed to have any affect upon this technical contrivance. Yet, while national courts find the Boards of Appeal decisions persuasive, ‘technical contribution’ remains a difficult test for these various courts to apply. In this article I outline that the test is difficult to utilise in national litigation (it is an engineering approach, rather than a legal one) and suggest that as the Boards of Appeal become less important (and thus less persuasive) should the proposed Unified Patent Court come to fruition, the ‘technical contribution’ test is unlikely to last. This may again make the whole issue of what/whether/how software should be patentable open to debate, hopefully in a less aggressive environment than has existed to date.