Purpose

The purpose of the ISCL is to encourage the comparative study of law and legal systems and to seek affiliation with individuals and organisations with complimentary aims. We were established in June 2008 and are recognised by the International Academy of Comparative Law.





Wednesday, February 6, 2013

LECTURE/BOOK: Campbell on Organised Crime and the Law - A Comparative Analysis



5:00 p.m., Thursday, March 7th, 2013
Criminal Courts of Justice, Parkgate Street, Dublin 8, Ireland

Those wanting to attend should contact joanne.davidson@fulbright.ie / 01.660.7670 by February 28th, 2013 . Please indicate if you will join us for the tour at 5:00 or just the reception at 6:00.

Organised Crime and the Law (Hart Publishing, Oxford, 2013)

Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland. It assesses the degree to which these justice systems have been recalibrated in preventing, investigating, prosecuting, and punishing organised criminality. While the notion of organised crime is a contested one, States’ legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of those domestic criminal laws, the laws of evidence, and sentencing practices.

Organised Crime and the Law constructs a theoretical framework on which an appraisal of these legal measures may be based, focusing in particular on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and anti-terrorist policies. It further examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.

Dr. Liz Campbell is a Senior Lecturer in Criminal Law and Evidence at the University of Edinburgh School of Law, having being based at the University of Aberdeen previously (2007-2012). Liz carried out her doctoral study at University College Cork as a Government of Ireland scholar (2004-2007) and received her BCL and LLM degrees from UCC also. 

Liz's principal areas of research are criminal law/justice, with a particular interest in the legal responses to organised crime, DNA databases, and the presumption of innocence. She publishes widely in leading academic journals and co-authored a textbook on Irish criminal law. Liz is a regular participant at national and international conferences, frequently provides expert commentary to the media, and was a key participant in an RTÉ documentary on organised crime.

In 2011 Liz was awarded a Fulbright fellowship to support her research on counter-organised crime measures in the UK and Ireland and spent 2011-2012 at the University of Maryland, writing Organised Crime and the Law.

Tuesday, February 5, 2013

REMINDER: Call for Papers - Irish Society of Comparative Law Conference

The School of Law at NUI Galway, Ireland will host the Irish Society of Comparative Law (ISCL) 5th Annual Conference on Friday 24th and Saturday 25th of May 2013 in Galway. The theme for the ISCL Conference 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 ISCL 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.

Tuesday, January 22, 2013

BOOK: Carolin et al on the Constitution of Ireland



The Constitution of Ireland: Perspectives and ProspectsI'm very pleased to note the publication of Eoin Carolin (ed), The Constitution of Ireland: Perspectives and Prospects (2012). It


brings together a range of Irish and international commentators to examine some of the most significant current issues in Irish constitutional law.


Based on a selection of the papers originally presented at a conference to mark the 75th anniversary of the enactment of the current Constitution of Ireland, the collection touches on many of the challenges facing Ireland today. These include: the possibilities for political and constitutional reform; the state of Ireland’s democratic structures; national sovereignty in an era of international organisations; the role and conduct of referenda; questions of national identity and values; the meaning of modern Irish republicanism; and the place of religion in Irish society and government. The contributors describe how the Constitution has influenced developments in Ireland since 1937 and consider how it might continue to do so in the future. At a time when Ireland’s political and constitutional structures are under review, The Constitution of Ireland: Perspectives and Prospects provides expert insight into these important questions.


The contents include:

Introduction: The Hon Mrs Justice Susan Denham, Chief Justice - Some thoughts on the Constitution of Ireland at 75;

Part I Constitutional Values:

  • Philip Pettit - The Republican Constitution;
  • Mark Tushnet - National Identity as a Constitutional Issue: The Case of the Preamble to the Irish Constitution of 1937;
  • Ronan McCrea - Rhetoric, Choices and the Constitution;
  • Amihai Radzyner - The Irish Influence on the Israeli Constitution Proposal, 1948;
  • Eoin Daly - Public Philosophy and Constitutional Interpretation after Natural Law: Republican Horizons;
  • Declan O’Keeffe - God, the Natural Law and the 1937 Constitution;
  • Maria Cahill - Judicial Conceptions of Sovereignty;
Part II Democracy, Politics and the Constitution:
  • Conor O’Mahony - Constitutional Amendment and Judicial Restraint: How Restrained Should an Irish Court Be?;
  • Paul Gallagher - The Limits of Constitutionalism;
  • David Kenny - The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective;
  • Jim O’Callaghan - Seanad Éireann – An Opportunity for Real Political Reform;
  • Bláthna Ruane - The Doherty Case and Issues Regarding the Provision of Information and Funding for Constitutional Referenda;
  • Gaetano Marzulli - Direct Democracy by Judges? The Irish Constitution and the Approach of the Courts to the Referendum as a Model in Comparative Perspective;
  • Marie-Luce Paris - Popular Sovereignty and the Use of the Referendum – Comparative Perspectives with Reference to France;