Skip to main content

Research Repository

Advanced Search

All Outputs (17)

Managing Judicial Innovation in the European Court of Human Rights (2015)
Journal Article
de Londras, F., & Dzehtsiarou, K. (2015). Managing Judicial Innovation in the European Court of Human Rights. Human Rights Law Review, 15(3), 523-547. https://doi.org/10.1093/hrlr/ngv020

Since its establishment, the European Court of Human Rights has developed into a constitutionalist actor within and beyond the continent of Europe; a development that is in no small part due to judicial innovations, such as evolutive interpretation.... Read More about Managing Judicial Innovation in the European Court of Human Rights.

Constitutionalizing Fetal Rights: A Salutary Tale from Ireland (2015)
Journal Article
de Londras, F. (2015). Constitutionalizing Fetal Rights: A Salutary Tale from Ireland. Michigan journal of gender & law, 22(2), 243-289

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which... Read More about Constitutionalizing Fetal Rights: A Salutary Tale from Ireland.

Declarations of Incompatibility under the ECHR Act 2003: A Workable Transplant? (2014)
Journal Article
de Londras, F. (2014). Declarations of Incompatibility under the ECHR Act 2003: A Workable Transplant?. Statute Law Review, 35(1), 50-65. https://doi.org/10.1093/slr/hmt017

Ireland’s European Convention on Human Rights (ECHR) Act 2003 has not had a very significant impact on domestic rights-related jurisprudence. This is, perhaps, not entirely surprising given that the Irish Constitution—Bunreacht na hÉireann—protects f... Read More about Declarations of Incompatibility under the ECHR Act 2003: A Workable Transplant?.

Dual Functionality and the Persistent Frailty of the European Court of Human Rights (2013)
Journal Article
de Londras, F. (online). Dual Functionality and the Persistent Frailty of the European Court of Human Rights. European Human Rights Law Review, 38-46

Argues that the ongoing commitment to the European Court of Human Rights having a dual functionality, embracing both an adjudicatory and a constitutionalist role, means that its long-term future is precarious. Reviews the ways in which its dual funct... Read More about Dual Functionality and the Persistent Frailty of the European Court of Human Rights.

Impossible Floodgates and Unworkable Analogies in the Irish Abortion Debate (2013)
Journal Article
de Londras, F., & Graham, L. (2013). Impossible Floodgates and Unworkable Analogies in the Irish Abortion Debate. Irish journal of legal studies, 3(3), Article 4

The debate about the introduction and form of abortion legislation in Ireland is rife with floodgate arguments, suggesting (either implicitly or expressly) that the introduction of abortion legislation within current constitutional boundaries would o... Read More about Impossible Floodgates and Unworkable Analogies in the Irish Abortion Debate.

Suicide and Abortion: Analysing the Legislative Options in Ireland (2013)
Journal Article
de Londras, F. (2013). Suicide and Abortion: Analysing the Legislative Options in Ireland. Medico-legal journal of Ireland, 19(1), https://doi.org/10.2139/ssrn.2223548

The Irish government is currently drafting the first piece of legislation that would regulate the availability of abortion in Ireland. This follows both the 8th Amendment to the Constitution in 1983 (recognizing equal rights to life of pregnant women... Read More about Suicide and Abortion: Analysing the Legislative Options in Ireland.

II. Grand Chamber of the European Court of Human Rights, A, B & C v Ireland, Decision of 17 December 2010 (2013)
Journal Article
de Londras, F., & Dzehtsiarou, K. (2013). II. Grand Chamber of the European Court of Human Rights, A, B & C v Ireland, Decision of 17 December 2010. International and Comparative Law Quarterly, 62(1), 250-262. https://doi.org/10.1017/s0020589312000620

The use of ‘European consensus’ as a decision-making mechanism of the European Court of Human Rights has been condemned and praised in almost equal measure.1 On the one hand, some scholars argue that the way in which so-called ‘consensus’ is identifi... Read More about II. Grand Chamber of the European Court of Human Rights, A, B & C v Ireland, Decision of 17 December 2010.

Can counter-terrorist internment ever be legitimate? (2011)
Journal Article
de Londras, F. (2011). Can counter-terrorist internment ever be legitimate?. Human Rights Quarterly, 33(3), 593-619. https://doi.org/10.1353/hrq.2011.0044

Counter-terrorist internment is generally rejected as illegitimate from a human rights perspective. However, while the practice of counter-terrorist internment has long resulted in the infringement of human rights, this article argues that the concep... Read More about Can counter-terrorist internment ever be legitimate?.

A ‘New Politics’ Without the Seanad: Concerns from a Human Rights Perspective (2011)
Journal Article
de Londras, F. (2011). A ‘New Politics’ Without the Seanad: Concerns from a Human Rights Perspective. The Irish law times and solicitors' journal, 29(28), 48-54

Ireland currently finds herself in a time of economic and constitutional crisis. Part of the response to this has been the proposal from the main opposition party - Fine Gael - for abolition of the upper house of parliament (the Seanad) and a move to... Read More about A ‘New Politics’ Without the Seanad: Concerns from a Human Rights Perspective.

Rights, Security and Conflicting International Obligations: Exploring Inter-Jurisdictional Judicial Dialogues in Europe' (2010)
Journal Article
de Londras, F., & Kingston, S. (2010). Rights, Security and Conflicting International Obligations: Exploring Inter-Jurisdictional Judicial Dialogues in Europe'. The American Journal of Comparative Law, 58(2), 359-413. https://doi.org/10.5131/ajcl.2009.0013

The European Court of Justice's decision in Kadi & Al Barakaat has frequently been condemned as a missed opportunity for the Court to engage in a wider international debate about how states' multiple layers of obligation relate to one another. In thi... Read More about Rights, Security and Conflicting International Obligations: Exploring Inter-Jurisdictional Judicial Dialogues in Europe'.

International Human Rights Law and Constitutional Rights: In Favour of Synergy (2009)
Journal Article
de Londras, F. (2009). International Human Rights Law and Constitutional Rights: In Favour of Synergy. International review of constitutionalism, 9(2), 307-328

This paper is concerned with demonstrating the capacity of international human rights law and domestic constitutional law to have a synergistic relationship that is focused on the ways in which the two sets of standards can be harmonised rather than... Read More about International Human Rights Law and Constitutional Rights: In Favour of Synergy.