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Fergal Davis

Biographic Data

ID4397550
NAMEFergal Davis
GIVEN NAMESFergal
FAMILY NAMEDavis
SIGNATUREDAVIS F
AFFILIATIONSUNSW Sydney
ORCID0000-0002-9260-8229
VERIFIEDYes
TOTAL WORKS6
TOTAL CITATIONS7
WORKS AS AUTHOR6
WORKS AS EDITOR0
FIRST PUBLICATION YEAR2007
LATEST PUBLICATION YEAR2015
H-INDEX1
  • Political Rights Review and Political Party Cohesion

    Fergal Davis, Fergal F Davis•ARTICLE•Parliamentary Affairs•2015•References: 8

    Australia is often said to be the only democratic nation without a national Bill of Rights, Human Rights Act or other general human rights law. This presents a certain set of challenges. The Australian response has been to adopt a model of political rights review—relying on the effective scrutiny of parliament to uphold human rights norms. As other countries, including the UK, consider alternate mechanisms for human rights enforcement, it is appr…

  • Parliamentary Supremacy and the Re-Invigoration of Institutional Dialogue in the UK

    F F Davis, Fergal Davis•ARTICLE•Parliamentary Affairs•2014•References: 11

    2011 was bookended by two significant speeches on the relationship between Parliament and the judiciary. The first was delivered by Lord Neuberger, the Master of the Rolls; the second by Jonathan Sumption QC—in a final speech before being sworn in as a Justice of the UK Supreme Court. Both speeches were steeped in the traditions of the nineteenth century constitutional theorist, Albert Venn Dicey. Parliament was said to be supreme, although the p…

  • The Right to Education in the ACT

    Open Access•Fergal Davis•ARTICLE•Alternative Law Journal•2013

  • The Jury as a Political Institution in an Age of Counterterrorism

    Open Access•Fergal Davis•ARTICLE•Politics•2013•References: 21

    Trial by jury is under threat. This is particularly true in the context of terrorism. This article will explore the benefits of trial by jury to civil society. It will then consider whether those benefits should give rise to a presumption in favour of jury trial in the terrorism context. Historically, the right to trial by jury has been interfered with on the basis that the threat of terrorism justified an exceptional response. This article will …

  • The Human Rights Act and Juridification

    Open Access•Fergal Davis•ARTICLE•Politics•2010•Cited by: 7•References: 11

    The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and th…

  • Trial by Jury

    Open Access•Fergal Davis, Fergal F Davis•ARTICLE•Alternative Law Journal•2007•References: 1

    Trial by jury for federal offences appears to be guaranteed by s 80 of the Constitution. Case law, however, leads to the conclusion that this guarantee is far from watertight. As Australia adopts more and more anti-terrorism legislation, two questions must be addressed: can the right to trial by jury be constitutionally interfered with; and how important is it anyway? As an Irish scholar working in the UK and visiting Australia I have decided to …

  • The Human Rights Act and Juridification

    Open Access•Fergal Davis•ARTICLE•Politics•2010•Cited by: 7•References: 11

    The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and th…

  • Trial by Jury

    Open Access•Fergal Davis, Fergal F Davis•ARTICLE•Alternative Law Journal•2007•References: 1

    Trial by jury for federal offences appears to be guaranteed by s 80 of the Constitution. Case law, however, leads to the conclusion that this guarantee is far from watertight. As Australia adopts more and more anti-terrorism legislation, two questions must be addressed: can the right to trial by jury be constitutionally interfered with; and how important is it anyway? As an Irish scholar working in the UK and visiting Australia I have decided to …

  • The Human Rights Act and Juridification

    Open Access•Fergal Davis•ARTICLE•Politics•2010•Cited by: 7•References: 11

    The Human Rights Act (HRA) 1998 s. 4 declaration of incompatibility was designed to preserve and maintain the supremacy of parliament and thereby reinforce the superiority of the democratic actors within the UK constitution. Despite this, the author will illustrate a process of juridification – the replacing of politics with the formality of law and legal decisions – and will argue that this has undermined the protection of civil liberties and th…

  • The Right to Education in the ACT

    Open Access•Fergal Davis•ARTICLE•Alternative Law Journal•2013

  • The Jury as a Political Institution in an Age of Counterterrorism

    Open Access•Fergal Davis•ARTICLE•Politics•2013•References: 21

    Trial by jury is under threat. This is particularly true in the context of terrorism. This article will explore the benefits of trial by jury to civil society. It will then consider whether those benefits should give rise to a presumption in favour of jury trial in the terrorism context. Historically, the right to trial by jury has been interfered with on the basis that the threat of terrorism justified an exceptional response. This article will …

  • Parliamentary Supremacy and the Re-Invigoration of Institutional Dialogue in the UK

    F F Davis, Fergal Davis•ARTICLE•Parliamentary Affairs•2014•References: 11

    2011 was bookended by two significant speeches on the relationship between Parliament and the judiciary. The first was delivered by Lord Neuberger, the Master of the Rolls; the second by Jonathan Sumption QC—in a final speech before being sworn in as a Justice of the UK Supreme Court. Both speeches were steeped in the traditions of the nineteenth century constitutional theorist, Albert Venn Dicey. Parliament was said to be supreme, although the p…

  • Political Rights Review and Political Party Cohesion

    Fergal Davis, Fergal F Davis•ARTICLE•Parliamentary Affairs•2015•References: 8

    Australia is often said to be the only democratic nation without a national Bill of Rights, Human Rights Act or other general human rights law. This presents a certain set of challenges. The Australian response has been to adopt a model of political rights review—relying on the effective scrutiny of parliament to uphold human rights norms. As other countries, including the UK, consider alternate mechanisms for human rights enforcement, it is appr…

Political science (6 works) · Law (5 works) · Law (5 works) · Sociology (5 works) · Judicial and Constitutional Studies (4 works) · Politics (4 works) · Law and economics (3 works) · Ombudsman and Human Rights (3 works) · Parliament (3 works) · Constitution (2 works)

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