This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.

This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies. The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout. This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.

Private international law is the most prevalent and continuous area of legal scholarship and practice. It includes international arbitration, investment and commercial. The dependence of arbitration on private international law is evident throughout the arbitration process. International arbitration presents both courts and arbitral tribunals with constant challenges. While courts may be equipped with long-standing assumptions in international law, international arbitrators will need to navigate the complex world of private international law. Courts and arbitrators draw guidance from multiple sources when conducting private international law inquiries. These include party agreements, institutional rules and treaties, national laws of competing jurisdictions, and a variety of "soft" law, some of which could even be considered an international standard. Private international law resourcefulness is essential in a world like this. Sir Robert Jennings correctly observed that international commercial disputes don't fit into traditional dispute procedures. They lie at the border of foreign and domestic laws and raise questions that are not easily covered by the category of private international. Inter-national arbitration, and especially international commercial arbitration, will be closely associated to private law as well as any other division of the law. Arbitration may be considered the most important private international law endeavor due to its international nature and core mission of resolving disputes among private parties. This course aims to identify the international arbitration's. The two fields can be viewed as mutually useful prisms. Private International Law is used to view inter-national arbitration. Cheshire states that "private international law can only function when this [foreign] element exists." There are many functions of private international law within the context of private dispute settlement. It determines whether a claim or person with important ties to a particular jurisdiction can still be brought before a court in another jurisdiction ("international jurisdiction"), and vice versa. It decides whether or not courts or parties appearing in court can expect assistance from foreign courts in form of interim or proviso relief to aid their litigation. And conversely, it determines how open they are to the idea that other courts might offer reciprocal assistance ("transnational provisional relieve"). In cases involving multiple jurisdictions, it determines which juris-diction's substantive and procedural laws will apply to the different issues in dispute ("choice law", also known as "conflict between laws"), and determines whether judgments made by courts in one country will be recognized by other courts when similar or related issues arise.

Police Custody in Ireland brings together experts from policing studies, law, criminology, and psychology, to critically examine contemporary police custody in Ireland, what we know about it, how it operates, how it is experienced, and how it might be improved. This first-of-its-kind collection focuses exclusively on detention in Garda Síochána stations, critically examining it from human rights and best practice perspectives. It examines the physical environment of custody, police interview techniques, existing protections, rights, and entitlements, and experiences of specific communities in custody, such as children, ethnic minorities, non-English speakers, the Mincéir/Traveller community, and those with intellectual disabilities or Autism Spectrum Disorder. Police Custody in Ireland gives a snapshot of garda custody as it is now and makes important recommendations for necessary future improvements. An accessible and compelling read, this book will be of interest to those engaged in policing and criminology, as well as related areas of interest such as human rights, youth justice and disability studies.

This volume contains an Open Access Chapter Leading scholars on Irish penal history and theory explore trends and debates that have surrounded patterns of punishment in Ireland since the formation of the State and foreground often absent perspectives in criminology and punishment.

The Special Criminal Court: Practice and Procedure is the first general textbook in four decades to cover all aspects of the Special Criminal Court. It is a comprehensive and detailed review of the Court's rulings, legislative developments, and procedural and evidential rules. In light of the fact that the Special Criminal Court is a creature of statute, the procedural rules are extraordinarily specific and this book sets these out comprehensively and clearly, so as to be accessible and useful to the practitioner. It provides practitioners with all relevant material on the practical considerations, procedural requirements, and evidential issues specific to the Special Criminal Court. The book covers the range of offences typically tried by the Court, and contains detailed discussions on: - The most recent case law and legislative developments - Subversive crime and the special evidential requirements relating to subversive crime - The rules of the Special Criminal Court and the specific procedure applicable in that court - The challenges taken to the Special Criminal Court regime in light of the Constitution and the European Convention on Human Rights - Witness protection - Investigative powers - Surveillance - Accomplice evidence - Disclosure and privilege in the context of the Special Criminal Court - Organised crime

The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.