February 26th 2025 Legislative Entitlements, the Rule of Law and Declaratory Orders
Activities
- February 26th 2025 Legislative Entitlements, the Rule of Law and Declaratory Orders
- Adjunct Professor Sally Hayden shares her expertise and insights with law faculty and students
- Book Launch: Bridging the Gender Pay Gap through Transparency
- Lawyers in Practice Series
- Comparative Law Conversations
- Exploring Ireland as a divergent common law jurisdiction since 1922
- UCD CCLE Distinguished Speaker Series
- Reimagining Law Schools: Challenges and Opportunities
- Harty seminar
- CCLE hosted Professor Neil H Buchanan as a Sutherland Fellow
- Landmark cases in divergence: Ireland as a new common law jurisdiction since 1922
- Digital Markets Act and the Digital Markets Competition and Consumer Bill
- Modern Studies in Commercial Law
- Digital Markets, Competition and Consumer Bill
- Judge Patricia Lucas audited and participated in the undergraduate module Lawyers, Legal Ethics and Practice
- Attorney General Lecture
- Court of Appeal Workshop
- Annotated Database of Court of Appeal decisions
- UCD CCCLE won funding under the Decade of Centenaries Internal Award Scheme
- Judges in Ireland and France: Different Routes to Performing Similar Functions in the EU
- FitzPatrick Foundation Funding awarded to UCD CCLE
- 2022 Centenary Project
- Book Launch: Essays in Memory of Professor Jill Poole
- Intra-EU Common Law Network
- Gender Pay Gap Workshop
- ELI - Irish Hub
- Society of Legal Scholars Conference in Sutherland School of Law
- Seminar: “EU nationals’ vulnerability in the context of Brexit: the case of Polish nationals”
- Spotlight On: BREXIT
- Irish European Law Forum
Dr Liam Thornton presents Legislative Entitlements, the Rule of Law and Declaratory Orders
“A declaratory judgment is not of itself coercive, although the litigant may safely assume that public bodies will respect and obey such a judgment.”
Systemic denial of legislative entitlements within discrete legal fields reflects a challenge to respect for the rule of law in Ireland. By establishing a clear legislative entitlement to a particular social right, and identifying the public body responsible, courts must ensure the plain intention of the Oireachtas is given effect.
Irish courts in particular circumstances should issue mandatory as opposed to, declaratory orders.
Dr Thornton's paper examines two discrete fields of law, where public bodies have chosen to conduct themselves in a manner that denies legislative entitlements to certain groups in Irish society.