Research Areas

Constitutional Law

Constitutional Law

UCC School of Law Research Community

Maria Cahill

My Research

Since the Enlightenment, law has focussed its strength on protecting the rights and freedoms of individuals. Although there is still room for improvement, law is generally very accomplished in its institutional defence of individual rights. In contrast, and despite how important social capital is for individuals and society as a whole, law is less proficient in its defence of social groups. My research addresses this imbalance, looking beyond the limitations of the right of association to see how the principle of subsidiarity can be implemented within national and international legal contexts as a way of constructively engaging with social groups in order to maximise social capital. The wingspan of this project embraces the disciplines of law, political theory, economics, sociology, and psychology in the pursuit of its complementary empirical, doctrinal and theoretical dimensions.

Links to profile pages

IRIS: http://research.ucc.ie/profiles/B012/maria.cahill@ucc.ie

Academia.edu: https://ucc-ie.academia.edu/MariaCahill

SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2521510

 

Available to Supervise Doctoral Research on:

Subsidiarity, Freedom of Association, Group Rights, Governance structures in Charities, Sporting Organisations, etc, Federalism and Subsidiarity, The European Principle of Subsidiarity

Links to some key publications:

Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots (in Avbelj & Davies eds. Research Handbook on Pluralism and EU Law, 2018)

Theorizing Subsidiarity: Towards an Ontology-Sensitive Approach (2017) 15(1) International Journal of Constitutional Law 201-244.

Theorizing Subsidiarity: A rejoinder to Gareth Davies (2017) 15(1) International Journal of Constitutional Law 231-234.

Sovereignty, Liberalism and the Intelligibility of Attraction to Subsidiarity (2016) 61(1) American Journal of Jurisprudence 109-132.

Ever Closer Remoteness among the Peoples of Europe: Limits on the Power of Amendment and National Constituent Power (2016) 75(2) Cambridge Law Journal 245-270

Private Law Theory

Private Law Theory

UCC School of Law Research Community

Steve Hedley

My Research

The principles of contract, tort and restitution are largely settled. Why do they take the form they do? Do they serve some policy purpose, and if so what? Or is their form dictated by morality, or justice? Can they properly claim to have an internal logic, or are they merely the product of history? Traditionally we assume that these private law topics are distinct from public law – is this still a safe assumption, or is it wrong - or even an obstacle to progress? And what all this mean for how the law can or should develop in the future?

Links to profile pages on IRIS/Academia/SSRN

IRIS: http://research.ucc.ie/profiles/B012/shedley

Academia.edu: https://ucc-ie.academia.edu/SteveHedley

SSRN: http://ssrn.com/author=32978

If possible, please also link to my Private Law blog at http://private-law-theory.org/

 

Available to Supervise Doctoral Research on

Torts, Contract, E-Commerce, Unjust Enrichment and Restitution, Private Law theory

Links to some key publications

The Shock of the Old: Interpretivism in Obligations (in Rickett and Grantham eds, Structure and Justification in Private Law, 2008) https://ssrn.com/abstract=1820189

Is Private Law Meaningless? (Current Legal Problems, 2011) https://ssrn.com/abstract=1920299

Making sense of negligence (Legal Studies, 2016) https://onlinelibrary.wiley.com/doi/abs/10.1111/lest.12121

‘Farewell to Unjustified Enrichment?’ – A Common Law Response (Edinburgh Law Review, 2016) https://www.euppublishing.com/doi/abs/10.3366/elr.2016.0362

The Rise and Fall of Private Law Theory (Law Quarterly Review, 2018) https://ssrn.com/abstract=2986726

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