David Langwallner 
This article is a response to Supreme Court Justice Gerard Hogan’s Annual Hale Lecture in Trinity College, Dublin in November 2023 on the on the topic of: ‘Grundnormen in UK and Irish Constitutional Law,’ and I thank him for sending it to me. The grundnormen is a creation of the legendary Austrian jurist Hans Kelsen. … Read more
As the founder of the now seemingly inactive Irish Innocence Project, and co-founder of The European Innocence Network, I staunchly oppose the death penalty, with exceptions for certain Crimes Against Humanity. I have personally visited and represented individuals on death row in Kenya and the U.S.. This underscores the critical need for our legal system … Read more
I have just finished representing a client in a murder case and have plenty to reflect on about guilt and innocence. This is a two-part excursus for Cassandra Voices dealing first with why certain people are found guilty of crimes they did not commit. The Innocence Project, with which I was involved over many years, … Read more
This Ireland exists. And should one travel there and not find it, then they have not looked closely enough.. Hugo Hamilton: The Island of Talking – In the footsteps of Heinrich Boll #IrelandisFull: the migration of this phrase from the far-right into the mainstream is an awful feature of our woe-begotten times. It begs the … Read more
When David Irving, the mad fascist historian imprisoned in Austria for Holocaust denial, was asked to speak by The University Philosophical Society in Dublin in the late 1980’s, the Student Union – involving the current Labour leader Ivana Bacik – instigated a protest that led to a minor riot to prevent him from speaking. Given … Read more
The theme of ‘late art’ was recently explored by the art historian Carel Blotkamp in The End: Artists’ Late and Last Works (2019) focusing on the visual arts, but in an age nonspecific way. Raphael’s ‘Transfiguration’ is central to the argument of the book. After Raphael’s death, the author notes his body was laid out … Read more
Born in 1875, like many in his era Thomas Mann was initially a Great German Conservative, but by the outbreak of World War II he was making anti-Nazi speeches for the BBC. Mann won the Nobel Prize in 1929 for his chronicles of German families in Buddenbrooks (1901), and for his bildungsroman The Magic Mountain … Read more
This article is dedicated to Patrick Healy. The Irish people have a long-standing relationship with ‘numinous presences in the landscape’, often referred to as the little people, or faeries. The literature provides a complex set of illusions. The writer, philosopher and independent scholar, my friend, Patrick Healy on a recent visitation tendered me a painting … Read more
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
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
U.K. lawmakers, unlike their Irish counterparts, are currently agonising over the Online Safety Bill 2023. It is far less draconian than the recent Irish Bill, which I recently assessed. This is currently being reviewed in the House or Lords – a body not to be automatically dismissed. This archaic assembly is still capable of acting … Read more
The new so-called Hate Crime Bill [Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022] in Ireland has generated quite a furore, including outright condemnation by Elon Musk, who described the measure as a “Massive attack on freedom of speech.” It has also been branded “insane” by Donald Trump Junior, which was … Read more
Irish Times journalist Naomi O’Leary wrote an article recently commenting on how journalists are curtailed in what they can write by the threat of defamation actions, which contributes to an omerta or code of silence, undermining free speech. This leads to self-censorship, dictated by fear of suit. But the Irish Times trust also appears to … Read more
An earlier version of this article was recently published in the Irish World newspaper, we commend the courage of the editor Bernard Purcell for doing so, but a week is a long time in politics and we felt it required updating and a short addendum on the possibility of a legal challenge. Indirectly, the failure … Read more
At a recent debate organised by the English-Speaking Union (ESU) at its HQ, Dartmouth House in London, we considered whether the British government’s response to Covid placed too great a priority on security rather than liberty. Naturally I took the liberty side of the argument. I expressed the fear that such a public forum as … Read more
Don’t you ever read the papers? Roderick Spode is the founder and head of the Saviours of Britain, a Fascist organization better known as the Black Shorts. His general idea, if he doesn’t get knocked on the head with a bottle in one of the frequent brawls in which he and his followers indulge, is … Read more
Ger-mania… Extraordinarily, Germany appears on the brink of following the lead of Austria in mandating a vaccination against COVID-19, as segregation of the unvaccinated continues. We seem to have entered what Gore Vidal described as the United States of Amnesia, as all history is forgotten. So let us cast our mind back. I maintain the … Read more
This is the first instalment of a three part essay on the legacy of the Great Depression.. The Great Depression began in 1929, leading Wall Street bankers literally to throw themselves from windows. I was shown one such exit site on 45th Street 5th Avenue in Manhattan. Lives were destroyed as a favourable market collapsed. … Read more
The noted American historian, and Putin critic,Timothy Snyder’s recent text Our Malady: Lessons in Liberty and Solidarity (2020) is a cri de coeur against almost non-existent healthcare rights in the U.S. – which the pandemic brought into sharp focus. The cossetted Yale professor saw the light, as his country failed to cope. Our Malady is … Read more
As a barrister I am given to quoting from Shakespeare’s plays in closing speeches. This may seem pretentious, but I find his acute observations on the human condition continue to speak to juries, and judges. He remains highly relevant to legal education, and indeed the practice of law. I would go so far as to … Read more
