Professor in Law and Fellow
@tcddublin
, head of school
@TCDLawSchool
. Views mine. Teaching constitutional law, law & lit, & why law is basically nonsense.
Pragmatism, Law, and Literature now has a cover, blurb, and (tentative) publication date in August! It also has a terrifying academic monograph price point, but there will be ebook & eventually soft back options that will be more realistic for humans!
I feel the vaccination-based indoor dining solution is awful. Until we can offer a vaccine to every eligible person, it’s one of the most unfair intergenerational measures I’ve seen, in a country that’s often not good to young people, & after they gave up so much this past year.
20 years ago this year, I attended my 1st year law induction talk at Trinity College Dublin. Today, I welcomed new students in that talk as Head of the School of Law. It just goes to show that—with a lot of hard work—you can end up in exactly the same place you were 20 years ago.
Some years ago, having seen
@earlymodernjohn
’s copy, I bought my wife this children’s history of Oliver Cromwell from 1963 as a joke present to both enrage and entertain her. Have just reread it. So join me for the highlights of Oliver Cromwell: An Adventure from History!
Travelers on
@netflix
must be the most consistently-surprising TV show I’ve ever watched. Three seasons in, it still has more interesting, new ideas in an episode than most shows manage in their entire run. Bravo
@EricMcCormack
@bradtravelers
et al!👏
As they assemble the stage for this year’s Trinity Ball outside my window, I’m reminded of the time that I had to ask a very nice young woman to move out of my way so I could get into my office. I later learned that this was someone called Jessie J and she was apparently famous😳
You certainly couldn’t accuse the book of whitewashing Cromwell’s character or underplaying his campaign in Ireland. These dashes add an important parenthetical for the reader’s inevitable conclusion that he was basically great.
Sorry to go back like 8 scandals, but is there going to be an inquiry or anything into the Department of Social Protection denying people the Pandemic Unemployment Payment for travelling outside the state when they had, as far as I can tell, no legal powers to do that??
It feels real when you get business cards! I’m really pleased to be promoted to Professor in Law at Trinity College Dublin. I’m grateful to amazing colleagues and students that make it such an amazing place to work.
Annual reminder that Irish TV licence inspectors have a power to search your home—without cause, reasonable suspicion, or any oversight whatsoever—to see if you have a TV. It's a vastly more extensive power of entry than the police have, it's completely insane. That is all.
A periodic reminder (because I’m renewing my licence and get annoyed about it every year) that in Ireland a TV licence inspector technically has a power (almost certainly unconstitutional) to enter your house (without any particular suspicion or reason) to see if you have a TV 📺
I worry sometimes that the government really believes it is bound by the Attorney General’s advice. The AG has no power to bind government or authoritatively interpret Irish or EU law. Gov may be unwilling or politically unable to contest the advice, but that’s not the same thing
15/15. The AG says that the archives of Commissions of Investigation are exempt from GDPR. This is a contested position,
@rodericogorman
is bound by AG advice but he has committed to working to see how we can address the GDPR element.
Really honoured to be elected a Fellow of
@tcddublin
today. It’s such a special space, with extraordinary students and colleagues, and I feel so privileged to get to spend my working life there.
I was just going through the Irish constitution. It's actually not worth the paper it's written on. You've all these rights with the caveat being until the government say you don't.
Not looking for Covid debate or anything else, but such a weak, flimsy and pointless document.
Delighted to be promoted to Associate Professor
@TCDLawSchool
. With thanks to my extraordinary colleagues (even Neville) whose support & great spirits make it the best place to work, and to our superb students who make it all so worthwhile.
As I paid €5.15 (!!) for a cappuccino in a downtown Manhattan coffee shop, an Irish guy waiting for his coffee who had overheard my accent said “God, almost Dublin prices!” We had a good laugh. The staff, reasonably enough, looked bemused.
Pleased (if daunted) to be elected as the next Head of School
@TCDLawSchool
. It’s a place I care about a great deal, & I am honoured to lead it into a new & exciting phase of its development. I will gratefully accept wishes of good luck, which I will need, & also commiserations.
We are delighted to announce that
@dkennytcd
has been elected as Head of the Law School for the next three years, term starting early June. Huge thanks to Caoimhín MacMaoláin for his leadership, starting back in mid-pandemic
My article on the likely constitutionality of hotel quarantine in the Irish Times prompted John Waters to write a long, angry response accusing me of being in league with Bill Gates & giving me a long lecture on Irish constitutional law. Cheers John 👍
Alongside 13 colleagues from law schools around Ireland, I wrote this letter to the Irish Times to try and clear up some misunderstandings about the forthcoming amendment on the constitutional definition of Family and “durable relationships”. 1/
And of the rule of the Lord Protecror. Cromwell didn’t want to be a dictator, you see, but Parliament kept on annoying him. What would you do in a situation like that??
In today’s Irish Times I try to make 3 large points in 900 words:
- Judge Woulfe’s recommendation by the JAAB doesn’t answer qs about the appointment
- Separation of powers argument for government silence is misplaced
- Our appointment process is dire
Teachers grading their own students will be seen by some as unfair to students’ abilities/potential. But, for others, a single, questionably-marked exam in June is similarly unfair. What this exposes is the flaw of admitting people to university solely on the metric of grades.
This is an extraordinary intervention suggesting that the DPC fundamentally disagrees with the AG and the Department. I think it’s great that the DPC did this. These disagreements are hugely important and usually never come to light.
My sabbatical is finished, but (other than a final read through) so is the draft of my book: Pragmatism, Law, and Literature, to be published by Routledge! It was a passion project to bring philosophy, literature, and law in this way, and I had so much fun writing it.
Due to a change in the running of campus tours, a lot of tourists visiting Trinity College Dublin now pass and look into my office, which used to be Samuel Beckett’s old bedroom. I’ve long had a picture of Beckett looking out, and I decided that it was high time he spoke them.
I was walking across campus in my gown to a College event, and a passing visitor saw me, turned to his friend, and said: “There’s some serious Harry Potter shit going down around here.”
Jen, whoever you are, I feel I have to tell you: your friend didn’t cancel your plans today because she was hungover and going back to bed, but because she is in the park meeting her ex who she swore on the phone to you she wasn’t seeing again. Sorry to be the bearer of bad news.
My letter to the Irish Times supporting our judges’ decision to march in Poland. Protecting the perceived political neutrality of the judiciary can’t be our priority when judicial independence is under attack.
A spammer is impersonating
@cearta
. Their mistake was doing this at a time when I am bored and have lots of time on my hands. I am going to reply and see where this goes, and generally waste as much if their time as possible. More as it happens.
Quick initial thoughts on the friends of the Irish Environment case from a brief skim. It's a very significant case for several reasons, some of environmental policy, some of major constitutional law, and some of wonkish constitutional law.
A fabulous memory of my dear friend, colleague, and now officially my TD
@ivanabacik
. So proud of my constituency for choosing her to represent us. A really great day in politics.
Dreadful Liveline “debate” today on trans-inclusive legislative language. Really disappointing to allow such legally ignorant commentary to air. Objection to the law seems manufactured to create division on recognition that Ireland has avoided. Stand with our trans community🏳️⚧️
Yesterday former Chief Justice Frank Clarke came our Constitutional Law class and delivered an amazing lecture about judicial innovation and democracy. It was so good I forgot to take a photo. Though I did photograph the awesome Art Deco
@tcddublin
building it was held in
Favourite student feedback for first year Constitutional Law this year:
“3 things you liked about the module:
1. I enjoyed your different coloured chinos.
2. Slides were very useful.
3. Your hair is always in place.”
Cheers👍
Am I crazy or did the Taoiseach just quote the Lord of the Rings: The Two Towers in a speech to the nation? Did he lose a bet or something?
“A new day will come. And when the sun shines it will shine out the clearer.”
The pandemic will not stop Trinity announcing the recipients of our ill-thought-through and regrettable institution of College Scholarship (or Schols). I am aware almost no one in College agrees with me, but I will beat this drum until I die or retire: it’s a bad idea.
So proud of my amazing former constitutional law lecturer, now my constitutional law co-author! Couldn’t be more deserved, and a huge gain for the Irish Supreme Court.
My wonderful and supremely talented colleague
@rachaelawalsh
became a Fellow of
@tcddublin
today! She’s been one of my best pals since we were debating a against each at 16, we’ve worked together for 10 years, we’re co-authors, and now we’re both fellows! A great Monday.
Gerard is the best constitutional lawyer Ireland has ever produced, one of the best lecturers I ever had, a titan of a judge whose judgments have always been filled with brilliance and compassion, and is a wonderful academic collaborator, co-author & friend. Just the best choice.
Mr Justice Gerard Hogan has been nominated by government for appointment to the Supreme Court. I suspect this news will be very well received.
@TheBarofIreland
@LawSocIreland
If there any employers stupid enough to think like this, especially in these circumstances, I would strongly recommend our students run a mile from them.
I am very pleased to say that I can now panic, as I will be publishing a book - called Pragmatism in Law and Literature - with
@routledgebooks
in 2024. It combines my biggest research and teaching interests, law and literature and critical legal theory, in a new way. 1/
Currently in the wonderful honeymoon period where a book proposal has been written and sent but before it’s either rejected and I am sad, or accepted and I panic.
I’ve been rereading Nell McCafferty’s book, In the Eyes of the Law, her stories from the Dublin District criminal court in the 1970s. It’s hilarious, brilliant, moving, and sometimes terribly sad; one of the best books I’ve ever read about the absurdity and importance of justice.
I wrote for
@IrishTimes
about mandatory quarantine: there’s a good case that it’s constitutionally permissible, as
@ConorUCCLaw
has also argued, and we have to stop treating the Constitution as if it always obstructs rather than facilitates governance.
We received an email from the Provost today confirming that we will be teaching in person with masks this term. Luckily I’m feeling well prepared thanks to this thoughtful present from
@nevillecox16
! Thanks Neville🥰
I have 3 things to say about this: 1. Our disagreement on the effect of legal principles here is not national news; 2. Of course the newspaper should not be defunded in this referendum; 3. Where did this photo come from?? I have never seen it & have no idea when it was taken!!
Just went to a bookshop for the first time in five months and was carrying around so many books that I was *twice* mistaken for an employee. If
@Hodges_Figgis
want to give me a job, I can aver that customers find me very approachable and my wardrobe is apparently on point.
A man advised me last year by email that I really needed to read the book I co-authored before I commented on issues on the radio. He referred at length to a section (that I wrote) which said the exact opposite of what he suggested.
Delighted to welcome my dear colleague
@nevillecox16
back to
@TCDLawSchool
after his successful tenure as Dean of Graduate Studies. To celebrate, I thought we should look back on some highlights of Neville’s time in Trinity. There was the time we Christmas wrapped his office...
The book clears up many misperceptions you might have about this era. For example, yes, most puritans were no craic. But they weren’t ALL like that. Some were like Cromwell, who literally cancelled Christmas.
Surprise appearance in today’s Irish Times, photographed doing my monthly (I stress non-court-mandated) community service on the Grand Canal!😂 First Saturday of every month, 10am at Leeson St bridge if anyone wants to join!
Today, September 1st,
@nevillecox16
takes over as Registrar of Trinity College Dublin. Couldn’t be more proud of him, and to show my support, I’ll be wearing my limited edition Neville Cox facemask today and probably for the duration of his tenure in this post.
Today I was compared to the PiS party in Poland for attacking Irish judicial independence (I was actually just explaining the separation of powers). A few months back I was harassed by PiS trolls for criticising Poland’s lack of judicial independence. Living my best life.
So many questions. Why did this get prosecuted? On what basis/for what reason was the warrant obtained for search of his dwelling? Why on earth is this happening? Etc.
Sometimes I think about how many years it took me to figure out that the numbers on my toaster dial referred to how many minutes it would toast for and not an abstract “level of toastedness”. It was lot of years.
Are we now at the point where the AG’s advice is leaked to the press when convenient for government parties but not given to the parliament whose bills are being sunk by reference to that advice?
And this morning we bring you details of the Attorney General's advice on the bill
👇
'Enforcing draft law on Israeli goods would be impractical,' says AG
Describing former Supreme Court Judge (and prominent campaigner for many human rights causes) Catherine McGuinness as an “elderly woman” - clearly having not been bothered to find out who she was or why she was interviewed - is amazingly, astonishingly dumb.
Pitch: a special version of WhatsApp for certain relatives where the forward button appears to work, but doesn’t send anything. Instead, using machine learning, the sender receives an autoreply saying either “haha very good” or “wow, very worrying, thanks for sharing”.
Today, somehow, marks TEN YEARS since I took up my academic post in
@tcddublin
. It was my dream job, and I’m so grateful to the incredible colleagues (everyone other than
@nevillecox16
, basically) and brilliant students who made the reality exceed my highest expectations.
I still think about Lemon at least once a week. I went there most days during my undergraduate degree. Several of my friends would check it walking by in case I was there. It was basically my office. No amount of homemade pancakes can ever bring it back.😢 I’m FINE.
Just a reminder, apropos of nothing in particular, that the elected representatives of a city council can remove their Chief Executive “if his or her suspension or removal appears to them to be necessary for the effective performance by the local authority of its functions.”
DCC CEO Owen Keegan’s innovative solution to the housing crisis is…. Students’ Unions becoming property developers.
This is in response to
@ucdsu
opposition to purpose-built student accommodation being converted into short-term tourist accommodation.🙃🙃🙃
Have just been informed that today is the 10th anniversary of the day we wrapped our
@TCDLawSchool
colleague Neville Cox’s office in Christmas wrapping paper. Great times.
A red letter day for the Irish asylum system when it needs a High Court judge to tell it that it can’t suggest that people should go back and be protitutes in their country of origin. 🤦♀️
I wrote in December about why a rent freeze bill can be constitutional. The legislature, if persuaded it’s good policy, should pass it & let the courts decide this, if someone wishes to challenge it. Overly-cautious legal advice shouldn’t stand in the way.
Eoin Ó Broin is this morning publishing the scheme of a bill which would ban any domestic rent increases for three years - rent, if reviewed, could only be lowered.
He says he has extensive advice that it’s constitutionally sound.
@VirginMediaNews
My niece Caitlin made me a birthday card which is actually an 8 page comic about us being Peas (my pea has a short beard, in excellent verisimilitude) and battling Pokémon, with a complex plot. Truly the best and most elaborate birthday card I’ve ever received.
Personally I don’t like that the retention of the non-jury Special Criminal Court - a supposedly extraordinary measure, retained and rolled over for decades - has become a political football. There is scope for very legitimate disagreement about its propriety.
An unconvincing cop out. I’m not
@FineGael
’s Justice spokesperson but I absolutely support the retention of the Special Criminal Court.
We have once again seen it’s importance in the last year dealing with some of the country’s worst gangsters & dissidents.
Very honoured to have been chosen to be a member of the first Research Advisory Group of An Coimisiún Toghcháin/ The Electoral Commission. I hope to help guide and produce top-quality research on Ireland’s electoral and referendum processes.
As Trinity Seanad ballots go out, I hope this will be the last time we give university graduates extra votes. We can implement the Manning report tomorrow, markedly improve our upper house, and give the franchise to everyone. Lots of things are hard in politics but this isn’t.