http://hdl.handle.net/10468/230 2013-06-19T17:37:38Z 2013-06-19T17:37:38Z Donnelly, Mary White, Fidelma http://hdl.handle.net/10468/1126 2013-05-14T02:00:15Z 2013-04-01T00:00:00Z

Report on Irish consumers' awareness and knowledge of legal rights Donnelly, Mary; White, Fidelma This Report presents the results of an empirical study conducted by staff at the Faculty of Law, University College Cork (the UCC study ) in relation to consumers self-perception and their actual knowledge of the law. It builds upon earlier studies concerning Irish consumers by the National Consumer Agency and on the Special Eurobarometer Report (No. 342, 2011) on consumer empowerment. The UCC study assesses actual knowledge and focuses largely on consumer rights which derive from domestic law and it investigates how well informed and knowledgeable Irish consumers are in respect of these rights.

2013-04-01T00:00:00Z Ring, Sinead Mary http://hdl.handle.net/10468/1135 2013-05-23T02:00:13Z 2013-01-01T00:00:00Z

Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland Ring, Sinead Mary This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

2013-01-01T00:00:00Z Ryan, Sarah Whelan, Darius http://hdl.handle.net/10468/618 2012-07-11T02:00:40Z 2012-02-24T00:00:00Z

Diversion of offenders with mental disorders: Mental health courts Ryan, Sarah; Whelan, Darius At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment. This article begins with a review of the background to mental health courts, focusing on the concept of diversion from the criminal justice system and the role of Therapeutic Jurisprudence theory as an inspiration for the establishment of mental health courts. The main features of mental health courts are identified and the features of those in existence in the United States are contrasted with those in Canada and England and Wales. Some of the main arguments against the use of these courts will be discussed, including the contentions that defendants participation may not be truly voluntary and that their due process rights are not adequately protected. The question of whether a mental health court should be established in Ireland is considered.

2012-02-24T00:00:00Z Lynch-Fannon, Irene http://hdl.handle.net/10468/1003 2013-03-01T03:00:12Z 2009-01-01T00:00:00Z

Legislative policy, law and competitiveness: a mysterious and difficult relationship in the EU Lynch-Fannon, Irene The Lisbon Agenda places Europe in a uniquely difficult position globally, most particularly as an example of a social and regulatory experiment which many consider to be doomed to failure. The drive towards economic competitiveness has led to a focus on regulation and its effect on entrepreneurship, productivity and business growth but assessing this relationship is complex for a number of reasons. First, not all regulatory effects can be predicted precisely in relation to behavioural outcomes. Path-dependency scholars have also demonstrated that the regulation will have varying effects depending on context. Second, theoretically it is clear that many non-regulatory factors may contribute to economic and competitive success. Third, there is evidence of internal conflict within the Commission as to the relative importance of the Lisbon goals. Finally, the experience of distinct Member States presents challenges both for assessment and prescriptive remedies. The Commission has estimated that the cost of regulatory compliance obligations on businesses in the EU is between 4% and 6% of gross domestic product and that 15% of this figure is avoidable 'red tape' (the term used specifically to signify unnecessary compliance burdens). This article proposes to assess the likely outcomes of de-regulation as we rapidly approach 2010, the year for attainment of the Lisbon goals.

2009-01-01T00:00:00Z