Facilitating the Dirty Business of the State

Both as a lawyer and Supreme Court judge, Louis Brandeis was an inveterate opponent of big business interests. Less well known than his other contributions, is that he a co-authored a text in the 1890 Harvard Law Review that invented a privacy right, which has steadily been eroded in criminal justice. Indeed, as a judge … Read more

Disturbing Developments in Criminal Justice in Ireland

All persons and authorities within the state, whether public or private, should be bound by, and entitled to, the benefit of laws publicly and prospectively promulgated and publicly administered in the courts. Lord Bingham, ‘The Rule of Law‘, Sir David Williams Lecture, Cambridge, 2006. I have written extensively about the whittling away of due process … Read more

Vigilance Required Against ‘Seepage’ of Emergency Legislation in Ireland

On Thursday 19th of March, the Dáil passed emergency legislation in response to the Covid-19 pandemic. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill has two main features. The first are financial measures assisting those affected, protecting living standards, and maintaining spending in the economy. The second aspect concerns … Read more