From fake news to foreign affairs, the media continues to be one of the dominating forces of modern life. Now in its second edition, Media Law in Ireland provides a comprehensive overview of one of the most dynamic and rapidly changing areas of the law. The way in which people consume media has changed and developed immensely in recent years. New platforms, and new ways of creating and consuming content are revolutionising the way information is spread around the world. With each new platform comes a new set of challenges and complexities, as they break away from the traditional media model. Many of the cases developing in these areas have been high-profile, divisive, and controversial, from issues surrounding freedom of expression to the challenges of privacy in a digital age. This book will throw light on the formidable legal complexities involved in the new media in a clear and accessible manner. This new edition covers many of the developments in the area in the eight years since it was originally published. Among the developments covered are: the Digital Switchover, the adoption of the EU electronic communications reform package, and the Consumer and Competition Protection Act 2014. This book will be ideal for solicitors and barristers who practice in the area of media law, as well as postgraduate students, and media professionals.
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
From fake news to foreign affairs, the media continues to be one of the dominating forces of modern life. Now in its second edition, Media Law in Ireland provides a comprehensive overview of one of the most dynamic and rapidly changing areas of the law. The way in which people consume media has changed and developed immensely in recent years. New platforms, and new ways of creating and consuming content are revolutionising the way information is spread around the world. With each new platform comes a new set of challenges and complexities, as they break away from the traditional media model. Many of the cases developing in these areas have been high-profile, divisive, and controversial, from issues surrounding freedom of expression to the challenges of privacy in a digital age. This book will throw light on the formidable legal complexities involved in the new media in a clear and accessible manner. This new edition covers many of the developments in the area in the eight years since it was originally published. Among the developments covered are: the Digital Switchover, the adoption of the EU electronic communications reform package, and the Consumer and Competition Protection Act 2014. This book will be ideal for solicitors and barristers who practice in the area of media law, as well as postgraduate students, and media professionals.
The separation of powers is an important principle of liberal constitutionalism. However, the traditional rationale behind institutional separation can no longer govern the distribution of authority in the modern state. This book develops a new model of the separation of powers theory for the administrative state. It argues for the replacement of the traditional theory with a new model which has the potential to both enhance democratic checks and balances and to legitimise the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in which lawyers and administrators have sought to preserve these democratic principles in particular areas. These piecemeal efforts are gathered together into a cohesive account of a radical overarching framework for institutional reform. Drawing on examples from the United Kingdom, Ireland and the U.S.A., the book provides both a descriptive and prescriptive analysis of the ways in which our legal and political notions of institutional separation have so far, and (more importantly) may, in the future, deal with the problems posed by the emergence of quasi-public administrative or regulatory agencies. Far from the traditional view of administrative agencies as a threat to democracy, administrative bodies, in fact, can provide a valuable opportunity for reforming public governance in a way which reinforces the foundational principles of democracy.
All across Ireland, thousands of people are living in apartments and houses with serious fire safety and structural defects. Some of these have made the news, many more have not. Defects: Living with the Legacy of the Celtic Tiger tells the horrifying story of these people and how they came to be trapped in dangerous homes. In this follow-up to Home, his hugely popular and acclaimed manifesto for public housing reform, Eoin Ó Broin reveals how decisions made by successive governments from the 1960s to the 1990s led to an alarmingly light touch building control regime. This regime, when combined with the hubris and greed of Celtic Tiger-era property development, allowed defective and unsafe properties to be built and sold in huge numbers to unsuspecting victims. Who was responsible? Why were they allowed to get away with it? And who will foot the bill to fix these potentially fatal defects? All these questions and more are answered in this hard-hitting and shocking investigative work.
National security is becoming a global preoccupation. It drives some of the most important political discussions of today, and is increasingly present in public concerns. From a legal perspective, national security is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. National Security Law in Ireland is the first book of its kind to provide an in-depth examination of the Irish laws concerning national security, in the context of the criminal trial. It covers a wide range of topics such as entrapment, surveillance and interception, the handling of informers, and the constitutional aspects of national security. Distinguishing features of the book include a detailed analysis of the Witness Protection Programme, an examination of recent judgments of the Superior Courts on deportation and naturalisation in relation to national security, as well as the most comprehensive examination of the origins of informer privilege and its development in Irish law to date. This book will be ideal for barristers and solicitors working in the areas of criminal law, asylum/refugee law and judicial review, as well as for those working in the Chief State Solicitor's Office, the Attorney General's Office, the Department of Justice, An Garda Síochána, and the Defence Forces. Eoin O'Connor is a practising barrister. He was called to the Bar in 2008 and began practising in 2009. In 2015 he was awarded his PhD which examined how informer privilege affected the right to a fair trial. In addition, he is an adjunct assistant professor in the Law School of Trinity College Dublin.
The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory. It analyses the central devices and doctrines of the Irish Constitution – popular sovereignty, constitutional rights and judicial review – in light of Republican concepts of citizenship and civic virtue. The Constitution, it will argue, can be understood as a framework for promoting popular participation in government as much as a mechanism for protecting individual liberties. It will be of interest to students and researchers in Irish politics, political theory and constitutional law, and to all those interested in political reform and public philosophy in Ireland.
This book examines the emerging Irish jurisprudence on privacy rights, focusing in particular on how media interference can infringe such rights and on the interaction with the right to freedom of expression. It examines the topic from a comparative perspective, making extensive reference to relevant case law from both common and civil law jurisdictions as well as to decisions of the European Court of Human Rights. While the progress of the draft Privacy Bill published in 2006 appears to have stalled, the issue of how privacy rights may be protected is coming before the courts on an increasingly frequent basis." "This groundbreaking new work provides an in-depth and comprehensive analysis of this area of the law. It discusses potential legal strategies for the protection of privacy rights, considering, in particular, the question of whether privacy should be protected by legislation or by the incremental development of the law by the courts." "This book will provide invaluable to both practitioners and academics and is written in a readable and accessible style."--BOOK JACKET.
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