UCD SLS Journal 2022 - 100 Years of the Irish State

Page 7

FOREWORD

The broad theme of this year’s journal, reflecting on 100 years of the Irish State, from 1922 – 2022, is a particularly appropriate one for a UCD student journal. A large proportion of the generation that built the State from the War of Independence onwards were educated in UCD. In particular, law students like Hugh Kennedy and James Murnaghan found themselves to the forefront of efforts to set the terms upon which Ireland would govern itself, and later were key members of the Supreme Court which did much to establish the importance of the rule of law in the new State. Kennedy and Murnaghan were part of a very talented group in UCD which included James Joyce, in the early part of the 20th century. One of the brightest stars, Tom Kettle wrote in 1905 that UCD was “incontestably… the university college of Ireland”. It might be stretching things unduly to make the same claim for the talented cohort who studied in UCD when I was a student, or even for the authors and editors of the essays which are collected in this journal. But one striking feature that unites the young students of the early 20th century with those of the early 21st century and those in between, is the demonstration of the truth that only some of the education a student receives in university comes in classrooms directly from the teaching staff. A large part of the most valuable education comes from the interaction of students with each other. This student edited and student written journal is a manifestation of that process. It is possible to see in these pages evidence of lively intelligence grappling with disparate issues of law, and writers developing the confidence to form their own opinions and seeking to express them clearly and sometimes forcefully. The authors and editors are to be congratulated. Their work deserves the accolade which has been afforded to the thoughts and ideas of student lawyers in UCD and, indeed, elsewhere for well over a century now: to be read respectfully and thoughtfully, to be tested, challenged and engaged with, and finally applauded.

Donal O’Donnell Chief Justice 28th March 2022

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Articles inside

Virtual Currencies: Regulation and Risks

9min
pages 142-147

The Powers of the President of the UN Security Council: The Lessons We Can Learn

9min
pages 148-152

How a History of Censorship Shaped Ireland and China’s Initial Approaches to

8min
pages 137-141

Apple, the ECJ and the OECD: The End of Ireland’s Corporate Tax Regime?

9min
pages 132-136

I’m a Slave for You: Ireland’s Wardship System and A Glimpse into Britney Spears’ Conservatorship

9min
pages 127-131

Civil Forfeiture: Can it be Done Well? A Comparison of Ireland and the United States

9min
pages 122-126

‘All the Wrong I Did, I Here Proclaim was Madness’: The Defence of Insanity and its

9min
pages 111-115

Echoes from Across the Pond: Major US Decisions on Abortion and Their Impact on Ireland

10min
pages 116-121

The Evolution of the Right to Religious Freedom of Expression: From Post-Independent Ireland to 2022.

10min
pages 99-104

The Right to Housing: Ireland and Abroad

9min
pages 105-110

The United Kingdom and Ireland: Nervous Shock and Public Policy

8min
pages 92-98

Direct Provision: Comparing Asylum Provisions in Ireland and the United Kingdom from 1922 to Present

12min
pages 75-81

Privacy Concerns: The New Strain of Virus During This Fraudster ‘Scamdemic’

8min
pages 87-91

Labour and Industrial Courts: Different Approaches to Collective Bargaining Rights North and South

9min
pages 63-68

Online Hate Speech in Ireland and the United Kingdom

7min
pages 82-86

Northern Ireland and Brexit

9min
pages 69-74

The Blurred Lines of Palliative Care: End-of-Life Care in the Absence of Legislative Clarity

9min
pages 52-56

The Need for a Constitutional Protection of the Environment

8min
pages 57-62

Development of Ireland’s Domestic Violence Law Since the Irish Free State

8min
pages 47-51

The Future of Examinership in Ireland: An Analysis of the Evolution of Examinership and its Increased Importance Post COVID-19

9min
pages 41-46

The Ever-Changing Grounds for Annulment as Antecedent to Irish Legal Change

11min
pages 20-25

Development of Child Protection Law in Ireland Since the Irish Free State

8min
pages 31-35

The Operation of the Dáil Courts in the Years Preceding the Irish Free State

9min
pages 11-15

EDITORS’ FOREWORD

4min
pages 7-10

100 Years of Being a Woman in Ireland: From Fighting in the War to Fighting in the Court

8min
pages 36-40

The Doctrine of Proportionality: An Examination of Constitutional Decomposition by the Irish Judiciary

8min
pages 26-30

Ambitions of ‘Legal Independence’ in the Irish Free State

8min
pages 16-19

FOREWORD

1min
page 6
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