law

On the Question of Immigration

The European Convention on Human Rights (ECHR) is perhaps best understood as the culmination of the Enlightenment tradition of constitutionalism, hedged in legalistic language of proportionality and balance. It asserts that people have a right – or at the very least the right to have rights – to rely on the Convention when a domestic … Read more

Banksy and Protest Rights: The View from The Robing Room

As I sauntered from the Old Bailey past the RCJ the Banksy painting caricaturing a judge attacking a protester was no longer even a ghostly shadow, but it very much remains in the public domain, after reports emerged that it had been reported as criminal damage. On September 25, on Old Brompton Road, a comprehensive … Read more

A Visit to the Hague

Late last year HHJ Gumpert KC – one of the judges in the formidable fortress that is Woolwich Crown Court the flagship anti-terrorism court in the U.K. – kindly secured for me a visit to the ICC out of court time. The tour was given by a former member of the team he led in … Read more

The Relevance of Jurisprudence to Law Part 3

The remains of unquestionably the greatest intellect of the nineteenth century, Karl Marx, are buried in Highgate Cemetery in London. I recently tossed a red rose on the site. I doubt whether Judge Gerard Hogan, to whom I have addressed previous articles in this series, or any other legal positivist, would do likewise. While positivists … Read more

The Relevance of Jurisprudence to Law Part 2

In the first part of this series, London-based barrister, who taught Jurisprudence for sixteen years in the Honorable Society of the King’s Inns in Dublin, David Langwallner takes issue with Irish Supreme Court Justice Gerard Hogan devotion to Legal Positivism, instead arguing morality and politics should inform the law. He elaborates further on that debate … Read more

The Relevance of Jurisprudence to Law Part 1

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

Guilt and Innocence in the Criminal Justice System Part 2

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

Guilt and Innocence in the Criminal Justice System Part 1

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

Assange Case: a partial victory or another ominous step towards extradition?

Anyone watching the agonizing progress of the Julian Assange case proceeding through the U.K. justice system will be aware that it’s highly unlikely that any judge will simply throw open the gates of Belmarsh prison in assent to calls to ‘Free Assange’. Sadly for those sympathetic to him, extradition has inched ever closer over the … Read more

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

Weighing up Ireland’s Hate Crime Law

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

Reform of Defamation Law in Ireland

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

Irish Prison Service Whistleblower: The Strange Story of Sean O’Brien

To meet ex-prison officer Sean O’Brien for the first time I drove through a sparse landscape of family homes, outside the town of Clara in County Offaly. Miles of narrow roads ran through cold and wet pasture, bog, and occasional patches of woodland, typical of the Midlands. We had been in touch over the phone,after … Read more

60 Bucks for Life

“You have no appointment.”   I’d emailed, left messages, and read their mission statement: To free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone.  No. I have no idea what I’m doing, but I’m doing it. Walking downtown to the office of The Innocence Project in Manhattan. On my … Read more

War Crimes: Collective Guilt

As events in Ukraine demonstrate, ineluctably, war diminishes our humanity, possessing men – and mostly men – of a callous disregard for life, and a capacity for often inexplicable cruelty. As such, the invasion of one state by another without a casus belli – as we have witnessed in Russia’s essentially unprovoked invasion of Ukraine … Read more

The Fog of Law

You enter here a taut quintet Where theorists can shift or shape How we make sense of market flow; How men and how it’s mostly men, Explain the ways our commerce works. No Flash of insight, more a slow Encroachment that in turn creates Our understanding how by stealth New certainties of common sense Construe … Read more

Socio-Economic Rights Must Be Vindicated

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