Rachael Walsh
@rachaelawalsh
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Associate Professor, constitutional law and property law, @TCDlawschool , @tcddublin , all views my own.
Dublin City, Ireland
Joined August 2019
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Delighted that Property Rights and Social Justice: Progressive Property in Action is now out in a more accessible paperback edition, with
@CUP_Law
offering a 20% discount for the launch of the paperback, code below for anyone keen!
Save 20% on new paperbacks in
#Law
📚
#internationallaw
#constitutionallaw
#internationallaw
#tradelaw
#legalhistory
#constitutionallaw
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Very excited to finally have this in my hands! Huge thanks to
@CUP_Law
for backing the project and a great publishing experience, and to all my research colleagues,
@TCDLawSchool
and elsewhere, for invaluable feedback, particular thanks to
@oran_doyle
!
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Thrilled to be promoted to Associate Professor
@TCDLawSchool
. Enormous debts owed to colleagues and mentors there, and in the wonderfully supportive research networks in property law and conditional law that I’ve been lucky enough to infiltrate. You all know who you are!
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I’ve written about how a rent freeze could be enacted in a constitutional fashion too many times at this stage - here’s one from
@IrishTimes
:
👉time frame, review provision, clearly articulated common good rationale key.
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Thrilled to be elected a Fellow of
@tcddublin
today, with the most sincere thanks to my wonderful colleagues
@TCDLawSchool
for giving me such a fantastic academic home, having an absolutely lovely Trinity Monday!
Congratulations to our Fellow and Scholars announced by Provost Linda Doyle.
Fellow - Professor Rachael Walsh,
Scholars Law - Andrew Hugh Cunningham, Niamh Harkin, Mark Dillon McGrane, Kathryn Polson, Aoife Purewal.
Law & Pol Sci - Amy Cox, Fiona Stenson.
#trinitymonday
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Very excited that this is officially 'in print' as of today, with an actual cover featuring lovely Dublin, expected on shelves in June!
Property Rights and Social Justice: Progressive Property in Action
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In
@IrishTimes
today responding to the
#GE2020
arguments about rent freezes - our Constitution sets up a balance between property rights and social justice that the courts usually apply to favour the public interest.
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Thoughts on CPO and the national maternity hospital:
1) There is a clear power for the HSE to acquire land in s.78 of Health Act 1947;
2) Clear procedure in that Act in the event of challenge: inquiry and subsequent challenge within 3 weeks in High Court if order confirmed(1/2)
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Confining new conditions to future grants of planning permission given the 5 year life of such grants means changes will not kick in for some time.Planning permission is not a protected property right - it is a regulatory permission subject to change.
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Writing today in
@IrishTimes
about the constitutional questions and implementation issues around Govt proposals to tackle bulk buying by investment funds -
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With great
@TCDLawSchool
colleagues today enjoying a sunny Trinity Monday
@tcddublin
.
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Great to come through Front Arch
@tcddublin
on a beautiful morning, with the buzz of student activity back.
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Taoiseach stating legal advice is that rent freeze would be illegal. Real need to do more to explain what kinds of rent freezes are regarded as illegal, since the pandemic established that at least some rent freezes are in play for this Government.
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Great to see Front Square
@tcddublin
alive with Fresher’s Week activity, looking forward to welcoming new members of the
@TCDLawSchool
community this week.
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Got to read the Supreme Court’s fascinating judgment in Clare County Council v McDonagh on Traveller occupation of council owned land some preliminary thoughts and questions here! 1/5
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Ready for take off to
#iconswroclaw
with
@oran_doyle
, looking forward to my first in person
@ICON__S
gathering, and to talking about deliberative constitutionalism and constitutional property in some great panels over the next few days.
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Delighted to have our interdisciplinary project on affordable sustainable housing funded by
@tcddublin
. Can’t wait to get to work on this with
@CiantOCallaghan
,
@AnnaRDavies
, Sarah Hamill and Sarah McCormack and new PhD reseachers!
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The Constitution protects property rights, but not a right to buy land on the assumption that legal rules impacting on the value of that land will not change. Judging by they analysis here, the common good dimension of our property rights protection are very under appreciated.
Tomorrow's front page. Pick up a copy in stores or subscribe at
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So much to unpack here - the inequities that can arise when litigation is needed to assert statutory entitlements, the ensuing waste of court time and costs. And not mentioned is the personal toll on litigants, juggling legal proceedings with care duties.
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Humphreys J in HC last week - ‘without taking from the principles of land law, we are all, at best, leaseholders on Planet Earth. All property must be held with some view to the benefit of society as a whole and of future generations, and is not to be dealt with as one sees fit’
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Moving house this weekend uncovered this gem stashed in a box, gift from constitutional law class of 2013 to
@dkennytcd
and I, at
@Caseyco231
and
@hogan_hilary
your handiwork or is my memory failing me?!
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Gov proposal on ring-fencing is to give local authorities discretion to set anywhere between 0-50% for owner occupiers, creating scope for developers to shop around and for local authorities to attract development through low or zero percentages. So no guaranteed ring-fencing.
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Another gov representative on
@TodaywithClaire
stating that the Gov ‘can’t’ legislate on rent levels due to legal advice. My question - what is the precise structure of the rent control measure(s) that that advice is based on? Does it include time limits? Review mechanisms?
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A fascinating, generous review of my book Property Rights and Social Justice, from Prof Brendan Edgeworth, UNSW. The review offers wonderful insights, both historical and contemporary, into property theory and constitutional law. Find it
@ICON__S
!
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Celebrating
#WorldAutismAwarenessDay
with our best guy, thinking of his wonderful teachers, his great friends, and our brilliantly inclusive wider community, hoping for the more of the same everywhere in the years ahead.
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Delighted to get such a ringing endorsement from Ireland’s leading housing law expert. Hoping the book can correct some misconceptions about Ireland’s constitutional protection of property rights, and in that way influence current debates about housing crisis responses.
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Just published article, arguing that constitutional property has structural features that lead to unpredictable doctrine, which in turn can bolster political conservatism in respect of progressive property agendas 1/3
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Why was rent control invalidated in Ireland? SC: ‘the basis for selection is not related to the needs of the tenants, to the financial or economic resources of the landlords, or to any established social necessity’. Seems possible to respond to these concerns in new legislation.
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Delighted to hear that we have two new
@TCDLawSchool
@tcddublin
#laidlaw
Scholars who will be working with me on two great projects - property rights and the constitutional value of the marital family in the Irish welfare state and the myth of the nomad in Irish land law.
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I’m recruiting for a funded 4 year PhD with thanks to the Provost’s Projects Awards
@tcddublin
@dngrstd
to explore how constitutional change is shaped by deliberative democracy and civil society - get in contact with me if keen!
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Exploiting a sunny afternoon to finally delve into this great volume, a fascinating collection of papers, including musings from
@oran_doyle
and I on deliberative mini-publics as a potential response to populism, with thanks to
@colmocinneide
,
@ConorUCCLaw
and others for editing!
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Delighted to have gotten funding to support a PhD student to research Ireland’s
@CitizAssembly
from a constitutional law perspective
@TCDLawSchool
- watch this space for recruitment!
I just got the list of this year’s 40 Provost’s PhD Project awards. Great to see such research projects funded
@tcddublin
. Thank you
@dngrstd
& panel for awarding these funds for research projects across the university
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A wonderful colleague and collaborator, whose inspiring freedom of expression lectures kept me in law when I was losing the faith as a first year student! Fantastic to see this appointment today, the Supreme Court will be greatly enriched by his presence.
This evening, at Áras an Uachtaráin, President Higgins appointed Mr. Justice Hogan as a new Judge of the Supreme Court
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Coincidentally, on referendum count day,
@oran_doyle
and I
@TriCONDublin
have a rejoinder on the effectiveness and legitimacy of Citizens’ Assemblies in constitutional reform published in
@icon_journal
open access , replying to
@seana_g
and Eoin Carolan.
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Good to talk to
@killianwoods
about vacant site levies and taxes, and about the kinds of considerations that might be relevant to the proportionality of these measures. We talked about the role of compulsory purchase orders and the need to streamline the relevant legal process.
A more radical approach to the problem of luxury homes laying vacant is needed, experts say.
@killianwoods
reports.
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Minister for Housing noting that approx 500 tenants have self-declared for heightened COVID related protections since Aug 2020. At a time when housing organisations are noting a huge upsurge in eviction-related queries, this low figure suggests the legislation is too complex. 1/2
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Shared brief thoughts on Ireland’s citizen-led recommendations for constitutional environmental rights, including rights of nature, and lessons for deliberative constitutionalism and its relationship with representative politics
@Verfassungsblog
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Will be on
@NewstalkFM
just after 7 tomorrow to talk about the constitutional issues raised by the proposals around housing estate buy-ups.
Government asks AG about legality of ban on housing estate bulk-buys
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During the pandemic, widespread evictions were prevented on the grounds of public health emergency. The housing crisis is reaching emergency levels, meriting a similarly creative response. Plenty of constitutional space for such creativity, e.g on rent,see
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We’re hiring
@TCDLawSchool
in Land and Equity! Come join a brilliant and supportive academic community, and keep me company researching all things property - Assistant Professor in Law at Trinity College Dublin, The University of Dublin
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Great to have this article out today in
@ICON__S
with
@oran_doyle
on the impact of citizen deliberation on constitutional amendment processes and resulting legitimacy q’s, with abortion reform in Ire as a case-study -
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Getting stuck into the proofs this morning for ‘Property Rights and Social Justice - Progressive Property in Action’, due out with
@CUP_Law
in August, a positive task to start February!
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In the middle of teaching law of easements and I’ve absolutely no idea how I managed it to explain it online last year without my blackboard and chalk, and my resulting dodgy diagrams of dominant and servient tenements.
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The other Trinity College is quite nice in all fairness.
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Totally brilliant engagement online from 145 Land Law students today
@TCDLawSchool
, really heartening to see students working hard to get the best out of remote learning.
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I have a chapter just out on the Irish State’s ‘almost’ socialist turn in drafting the 1922 Constitution and the lessons of those debates for current property problems - - with huge thanks to eds
@DonalkCoffey
and
@LaurCah
. PM if you can’t access it!
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Was great to talk to
@killianwoods
about the potential constitutional questions raised by current housing reform proposals for this piece that takes a close look at the ‘funds buy-up’ controversy -
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Archival property rights gem rediscovered today - ‘The common good each time is to be the test, and the nation’s parliamentary institutions are set up to be the judges, for the time being, of what the common good is’ - De Valera responding to the opposition on draft constitution.
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Work of carers on show at my polling station this morning, with lots of people being supported by carers to allow them to get out and exercise their vote on the Constitution, critical in preventing vulnerable groups from being disenfranchised, esp on issues of direct concern.
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The 4 year old’s current response to me raising my voice even marginally to tell him what to do - ‘shush mum dad’s on a call, we need to be quiet’ - impressive lockdown opportunism.
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Government spokesperson again today citing the Berlin rent control example on the airwaves
@rte
in a manner that suggests the law was found unconstitutional on property rights grounds, when it was in fact invalidated on entirely different grounds.
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CPO is always more cumbersome than voluntary sale and land-locking seems to be a factor here, likely requiring additional CPO for access. But there seems to me to be a clear statutory route for CPO, which sets out how to deal with challenges.
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This is really interesting…I’ve always been hyper cautious about speaking to time, and probably too fast as a result. I wonder if there are similar findings to be made on sticking to deadlines in academia.
“Male speakers go over time in 60 % of their talks at large conferences” and female PhD students stick to time (and keep time) the best.
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Kicking off
@TLRHub
with
@TriCONDublin
seminar on referendums on the family, women and care, with
@AileenFKavanagh
@LaurCah
and
@ConorUCCLaw
speaking, ably chaired by
@dkennytcd
, looking forward to a great debate on the issues.
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In a referendum, the question asked matters, and should align with public will in order to avoid outcomes like today - a reminder that opening up the pre-initiation stage, and listening to any steer from a Citizens’ Assembly, may be good politics in constitutional amendments.
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Officially a merry Christmas -
@oran_doyle
is now a professor - although definitely one of those cases of ‘has been doing the job already for yonks’. The best news for
@TCDLawSchool
to round out 2019.
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Ireland could give nature constitutional rights - BBC News
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The amazing panelists who will discuss Property Rights and Social Justice
@CUP_Law
on Friday 11th Nov, thanks to the organisation and support of
@TAMULawSchool
- a real honour. Registration and programme details for this online event are at
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Brilliant news. Lucky enough to claim Gerard Hogan as a co-author, and he is an astonishingly sharp, thoughtful and hard-working lawyer, the Supreme Court will be hugely enriched by his presence.
Govt has chosen Gerard Hogan to fill the latest vacancy on the Supreme Court
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Delighted that
@ICON__S
is holding an online New Scholarship showcase on my book Property Rights and Social Justice, 4 May, 2pm CET/1pm UK/Ire, with
@rosalinddixon15
and Prof Heinz Klug very kindly responding to it with comments. Registration 👇
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A good menu for picking apart yesterday’s result here, including that NGO’s appeared to speak for themselves, rather than representing real public opinion - true of my experience of informal carer’s groups, where there was surprise at NGO stances.
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German and Irish constitutional property law being debated in the Oireachtas today-the Berlin rent control invalidation cited here by the Minister was not decided on a property rights point at all, but rather turned on federal powers. via
@IrishTimes
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An important news story less than a week out from A 42B vote - whatever the outcome at a constitutional level, a serious and sustained political effort to improve the quality and availability of disability and carer supports is urgently needed.
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The Supreme Court decision in McDonagh v Clare CC raised the possibility that any decision depriving an individual of their dwelling would require an independent proportionality assessment. Likely evictions in the next few months could test its applicability in the PRT context.
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New paper just uploaded assessing the relationship between climate change mitigation policy and constitutional property rights in the context of retrofitting obligations, available here
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Great to chat to
@MaryCarolanIT
for this piece on housing rights and the Constitution -
Would a freeze on rents be constitutional in Ireland?
via
@IrishTimes
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Really enjoyed speaking about deliberative democracy, mini-publics, and referendums at today’s
@ICON__S
book panel on
@landemore
’s
#opendemocracy
recording of the event below, a fascinating mix of political theory and constitutional law represented on the panel.
Missed today's
#iconslive
event on
@landemore
's
#opendemocracy
? It is now available on our YouTube channel! 🙂⤵️
ICON•S Live Event - Book Panel on Hélène Landemore’s "Open Democracy"
Our special thanks again to
@ElisabethPerham
and
@marisconsin
🙏
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Looking forward to giving this talk in a couple of weeks online with University of Maastricht, and especially to
@BAkkermans
response to this work in progress. Open for registration for anyone interested!
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Some preliminary thoughts on the eviction ban approved yesterday in
@IrishTimes
today - keenly awaiting sight of the actual Bill!
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This year’s take-away from the reflective period that is exam marking - 2020 will mark the start of my mission to stop the unsettling but widespread description of the LLB as ‘Pure Law’.
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Really looking forward to this launch webinar for my
@CUP_Law
book ‘Property Rights and Social Justice’ with
@TriCONDublin
,
@TCDLawSchool
, very honoured to have such brilliant commentators, who have produced really interesting constitutional property law scholarship. Reg link 👇
@TriCONDublin
Book of the Month Webinar - "Property Rights and Social Justice",
@rachaelawalsh
Thursday 22 July, 6pm IST, featuring Mr. Justice Donal O'Donnell (Irish Supreme Court) and Advocate General Gerard Hogan (European Court of Justice.)
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One of these funded PhDs on the ASHA project is working with me, analysing how legal protections for property rights shape both the policy space for sustainable housing and occupants’ attitudes towards their environmental responsibilities. PM me for further details!
PhD Opportunity - Applications are sought for 4 funded interdisciplinary PhD positions at TCD, including a 25,000 annual stipend and PhD fees, one of which will be hosted by the Law School. Further information:
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Will be fascinating to see whether proposed amendment will be narrowly focused on particular measures or wholesale change to A 43. Would be unfortunate if political and economic capital expended on changes that might be capable of being introduced through legislation as is.
The current Fianna Fáil/Fine Gael proposal for government includes a commitment on a property rights referendum to the Constitution. Will be interesting to see the detail:
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Maybe it is just us, but in 5 years of parenting, absolutely consistent experience has been that with 2 phone numbers of 2 parents on file, officials - crèches, schools, doctors, public services - universally call the woman (1 of 2)
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Proceedings in full, highly engaged, flow at the Oxford Studies in Private Law Theory Workshop
@MPPRIV
in beautiful Hamburg. Looking forward to presenting my paper on deliberative property’s potential to enhance the effectiveness and legitimacy of property systems.
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3. The biggest point for me is that the judgment recognises that the enforceability of public authorities’ private law rights can be modified by a failure to fulfil public law obligations, collapsing a rigid public/private distinction previously drawn in case law 4/5
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Delighted to speak today about deliberation as a mode of property problem-solving on housing, climate change, and biodiversity
@IISJOnati
.
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Great
@TriCONDublin
seminar
@TCDLawSchool
, deep and engaging conversation about democratic decline, inclusion, and constitutional
government between
@Rgargarella
and
@AileenFKavanagh
sparked by their two recent books.
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Interesting new SC decision in Maher v DCC on whether unpaid statutory levies for dereliction can be enforced against mortgagees - answer no, at least absent clear statutory intention and procedural protections,
@CUP_Law
Property Rights and Social Justice cited on that point.
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Great as always to chat to
@MaryCarolanIT
on the likely constitutionality of an eviction ban in the context of the current cost of living and housing crises, research on related issues ongoing from lots of colleagues
@TCDLawSchool
@CiantOCallaghan
@tcddublin
for those interested.
Time-limited evictions legal ban has strong chance of withstanding a constitutionsl challenge, property rights expert believes.
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Interesting that papers show govt saw a concrete difference between ‘reasonable measures’ and ‘strive to support’ language, which may inform the wording for future planned referendum on housing - or the abandonment of that referendum plan entirely.
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Great to see this analysis of Ireland’s Citizens’ Assembly in Biodiversity Loss from my brilliant PhD student
@UrsulaQuillTCD
, who manages to squeeze in an admirably succinct summary of our overall experience of deliberative democracy on constitutional reform issues.
💡 New piece
Citizens’ Assemblies are becoming a key feature of Irish policymaking, but their role in constitutional reform is unclear.
@UrsulaQuillTCD
analyses
#Ireland
's
@CitizAssembly
on
#Biodiversity
Loss + limitations of deliberative
#democracy
.
➡️
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Delighted to write for the Oxford Property Law Blog on freedom of alienation, transfer restrictions, and constitutional property protections
@TCDLawSchool
.Transfer Restrictions: A New Lens onto 'Progressive Property' in Action | Oxford Law Faculty
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There are a wide range of approaches that could be adopted to enhance constitutional protection for housing, so the political decision as to what question to put before the people in any referendum will in fact decide a lot before any campaign begins.
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I had the pleasure of speaking to
@eustace_et_al
about the connection between the 5km travel for exercise regulation and the ban on evictions for the
@TriCONDublin
@tcddublin
Covid Observatory podcast - more details in my post on the Observatory’s blog -
New episode of the
@TriCONDublin
@tcddublin
Covid Observatory podcast -
@rachaelawalsh
is back to talk more about eviction bans, and the govt's "curiouser and curiouser" decision to link with the 5km travel restriction
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It was a real pleasure to review Open Democracy by
@landemore
, building on the great online discussion about the book, and deliberative constitutionalism more broadly, that was organised by
@ICON__S
back in March. It's available to read online now:
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A fabulous setting in Onati, Spain, to discuss housing, resilience, and sustainability, with thanks to
@OMahonyFox
and
@MarcLaneRoark
for bringing us all together here for great discussions.
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Great to speak to
@thejournal_ie
for their Good Information Project and to see such detailed analysis of the potential issues raised by constitutional referendum on a right to housing - essential for a meaningful national debate on the issue.
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This...teaching twenty-somethings has not in any way prepared me to teach a 4 year old constructively.
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On the
#CareRef
, notable that the Chair of the Electoral Commission suggested this week that proposed ‘strive to support’ language could require the State to justify its decisions. Some thoughts on this possibility…1/3
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A bumper publication day - I have an article developing some thoughts on constitutional property rights as a potential barrier to ambitious climate action measures published in this issue of the Dublin University Law Journal.
Hot off the press, the Dublin University Law Journal, volume 42(2)
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Settling in for
@AileenFKavanagh
’s inaugural lecture on ‘The People’s Constitution: An American Dream Through Irish Eyes’
@TriCONDublin
@TCDLawSchool
@tcddublin
, a wonderful occasion!
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Stumbled upon this pertinent gem from De Valera in the Council of Europe re drafting of Art 1 of the 1st Protocol of the ECHR - ‘The difference between the ownership of something and the use that is made of it is vital is we are to have any agreement on matters of this kind’.
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Very much looking forward to contributing to this
@ICON__S
book panel in March, discussing constitutional law and deliberative democracy in light of new insights from
@landemore
Delighted to share our first
#iconslive
event in 2⃣0⃣2⃣1⃣🤩🙃
Join us in discussing
@landemore
's "Open Democracy" with the author,
@Rgargarella
,
@Adrienne_Stone1
,
@nadiau87
,
@rachaelawalsh
and
@FFZaumseil
. 📚👩💻🌐
ℹ️ & registration 👉 🙏
@marisconsin
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Really looking forward to our upcoming
@TriCONDublin
@TCDLawSchool
@TLRHub
seminar with
@_sbrennan
from
@UNSWLaw
on constitutional property litigation on Aboriginal property rights in the wake of the Australian 2023 referendum - full details here -
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