David Kenny
Biographic Data
| ID | 5695053 |
|---|---|
| NAME | David Kenny |
| GIVEN NAMES | David |
| FAMILY NAME | Kenny |
| SIGNATURE | KENNY D |
| AFFILIATIONS | Trinity College Dublin |
| ORCID | 0000-0003-3440-1470 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 1 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1972 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Gulliver’s travels, comparative constitutional law, and law and literature
Gulliver’s Travels, now three hundred years old, remains a masterpiece of satirical fiction. As Gulliver recounts his voyages, he relates how various fantastical people govern themselves and each other, and also their reactions to his tales of England’s constitution and government. In this, Jonathan Swift holds up a mirror to the English constitution, showing satirical refractions of many of its follies in these peoples, and having England’s prac…
How Liberty Dies in a Galaxy Far, Far Away
In this article we argue that the story of Star Wars has much to tell us about perennial questions of constitutional design. The series offers a rich cinematic exploration of some of the most pressing real-life issues of politics and constitutionalism and is, we suggest, a fruitful source of insight for issues of constitutional design and regulation. This article proceeds in three parts. In Part I, we sketch the political context which grounds ou…
The Irish State’s Covid-19 Response and the Rule of Law
The Irish State’s COVID-19 Response and the Rule of Law: Causes for Concern Conor Casey, Oran Doyle, David Kenny Outline of state COVID-19 response Since March 2020, the most dominant issue in the Irish legal landscape has been, unsurprisingly, the COVID-19 Pandemic.1 Ireland has not declared a constitutional state of emergency since the pandemic reached its shores: it cannot, as a public health emergency is not grounds for use of emergency power…
‘Love mounts to the throne with law’
In this paper, I examine disputes about citizenship in Northern Ireland though the lens of poet Seamus Heaney’s 2004 version of Antigone, The Burial at Thebes. Citizenship and identity in Northern Ireland – if people are Irish or British – has been a central issue of the conflict there. The 1998 peace agreement promised to allow people to identify however they wished, and not be forced to adopt an identity they rejected. But recent controversies,…
The Human Pared Away
Hilary Mantel's Wolf Hall trilogy are iconic pieces of literature, but also represent a hugely insightful commentary on the law. Her protagonist, Thomas Cromwell, is the archetype of a philosophical legal pragmatist: willing to use the law and its language to achieve his ends, but regarding adherence to any principled or abstract account of the law as misleading and even dangerous. With striking parallels to the pragmatist philosophy of William J…
Abortion, the Irish Constitution, and constitutional change
Abortion in Ireland is regulated by a constitutional provision that was inserted following a referendum in 1983. In May 2018, the Irish people, will voted to remove this provision from the Irish Constitution. In this paper, I examine the reasons for the insertion of the provision; the problems that emerged with it over time; the factors that motivated the campaign for change; and the gradual process of negotiating a proposed change within the pol…
Proportionality and the Inevitability of the Local
The principle of proportionality is held out as a truly international tool of constitutional law—a uniform process for assessing the legitimacy of restrictions of rights around the world. This Article critiques that viewpoint, using what the author terms a comparative localist approach: looking at the detail how proportionality is used in two broadly similar jurisdictions—Canada and Ireland—that use a linguistically identical version of the princ…
From “Paper Park” to model protected area
Protected areas represent the most effective form of biodiversity conservation; however, many remain poorly managed and some exist only on paper without management -called "paper parks". We describe our collective efforts to transform Ikh Nart Nature Reserve (Ikh Nart) in Mongolia from a paper park into a model protected area. Resource constraints and lack of capacity precluded active management prior to our project. This paper outlines the proce…
Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation
The Recast of the Brussels I Regulation (1215/2012/EC) reforms EU law on jurisdiction in civil and commercial matters and includes long-awaited changes designed to prevent the use of the abusive tactic known as the Italian Torpedo to frustrate choice-of-court agreements. The new rules give priority in determining jurisdiction to a court designated by a prima facie valid agreement, even if litigation underway elsewhere was first in time. While thi…
Neil Walker, Intimations of Global Law
Journal Article Neil Walker, Intimations of Global Law (Cambridge University Press, 2014) Get access Neil Walker, Intimations of Global Law ( Cambridge University Press, 2014) David Kenny David Kenny *Assistant Professor of Law, Trinity College Dublin Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 63, Issue 4, Fall 2015, Pages 1053–1060, https://doi.org/10.5131/AJCL.2015.00…
Re Flightlease
The common law rules for recognition and enforcement of foreign judgments were radically reformulated by the Canadian Supreme Court in Beals v Saldanha . Few other common law jurisdictions have considered whether or not to follow Canada in this development in private International Law. In 2012, the Irish Supreme Court definitively rejected the Canadian approach. This note examines the judgment in that case, and assesses the reasoning of the Irish…
Measuring Parental Perceptions of Child Oral Health‐related Quality of Life
The study provides data to indicate that the P-CPQ is valid and reliable
The Vicarious Exclusionary Rule in California
Proportionality and the Inevitability of the Local
The principle of proportionality is held out as a truly international tool of constitutional law—a uniform process for assessing the legitimacy of restrictions of rights around the world. This Article critiques that viewpoint, using what the author terms a comparative localist approach: looking at the detail how proportionality is used in two broadly similar jurisdictions—Canada and Ireland—that use a linguistically identical version of the princ…
The Vicarious Exclusionary Rule in California
Measuring Parental Perceptions of Child Oral Health‐related Quality of Life
The study provides data to indicate that the P-CPQ is valid and reliable
Re Flightlease
The common law rules for recognition and enforcement of foreign judgments were radically reformulated by the Canadian Supreme Court in Beals v Saldanha . Few other common law jurisdictions have considered whether or not to follow Canada in this development in private International Law. In 2012, the Irish Supreme Court definitively rejected the Canadian approach. This note examines the judgment in that case, and assesses the reasoning of the Irish…
Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation
The Recast of the Brussels I Regulation (1215/2012/EC) reforms EU law on jurisdiction in civil and commercial matters and includes long-awaited changes designed to prevent the use of the abusive tactic known as the Italian Torpedo to frustrate choice-of-court agreements. The new rules give priority in determining jurisdiction to a court designated by a prima facie valid agreement, even if litigation underway elsewhere was first in time. While thi…
Neil Walker, Intimations of Global Law
Journal Article Neil Walker, Intimations of Global Law (Cambridge University Press, 2014) Get access Neil Walker, Intimations of Global Law ( Cambridge University Press, 2014) David Kenny David Kenny *Assistant Professor of Law, Trinity College Dublin Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 63, Issue 4, Fall 2015, Pages 1053–1060, https://doi.org/10.5131/AJCL.2015.00…
From “Paper Park” to model protected area
Protected areas represent the most effective form of biodiversity conservation; however, many remain poorly managed and some exist only on paper without management -called "paper parks". We describe our collective efforts to transform Ikh Nart Nature Reserve (Ikh Nart) in Mongolia from a paper park into a model protected area. Resource constraints and lack of capacity precluded active management prior to our project. This paper outlines the proce…
Abortion, the Irish Constitution, and constitutional change
Abortion in Ireland is regulated by a constitutional provision that was inserted following a referendum in 1983. In May 2018, the Irish people, will voted to remove this provision from the Irish Constitution. In this paper, I examine the reasons for the insertion of the provision; the problems that emerged with it over time; the factors that motivated the campaign for change; and the gradual process of negotiating a proposed change within the pol…
Proportionality and the Inevitability of the Local
The principle of proportionality is held out as a truly international tool of constitutional law—a uniform process for assessing the legitimacy of restrictions of rights around the world. This Article critiques that viewpoint, using what the author terms a comparative localist approach: looking at the detail how proportionality is used in two broadly similar jurisdictions—Canada and Ireland—that use a linguistically identical version of the princ…
The Human Pared Away
Hilary Mantel's Wolf Hall trilogy are iconic pieces of literature, but also represent a hugely insightful commentary on the law. Her protagonist, Thomas Cromwell, is the archetype of a philosophical legal pragmatist: willing to use the law and its language to achieve his ends, but regarding adherence to any principled or abstract account of the law as misleading and even dangerous. With striking parallels to the pragmatist philosophy of William J…
The Irish State’s Covid-19 Response and the Rule of Law
The Irish State’s COVID-19 Response and the Rule of Law: Causes for Concern Conor Casey, Oran Doyle, David Kenny Outline of state COVID-19 response Since March 2020, the most dominant issue in the Irish legal landscape has been, unsurprisingly, the COVID-19 Pandemic.1 Ireland has not declared a constitutional state of emergency since the pandemic reached its shores: it cannot, as a public health emergency is not grounds for use of emergency power…
‘Love mounts to the throne with law’
In this paper, I examine disputes about citizenship in Northern Ireland though the lens of poet Seamus Heaney’s 2004 version of Antigone, The Burial at Thebes. Citizenship and identity in Northern Ireland – if people are Irish or British – has been a central issue of the conflict there. The 1998 peace agreement promised to allow people to identify however they wished, and not be forced to adopt an identity they rejected. But recent controversies,…
How Liberty Dies in a Galaxy Far, Far Away
In this article we argue that the story of Star Wars has much to tell us about perennial questions of constitutional design. The series offers a rich cinematic exploration of some of the most pressing real-life issues of politics and constitutionalism and is, we suggest, a fruitful source of insight for issues of constitutional design and regulation. This article proceeds in three parts. In Part I, we sketch the political context which grounds ou…
Gulliver’s travels, comparative constitutional law, and law and literature
Gulliver’s Travels, now three hundred years old, remains a masterpiece of satirical fiction. As Gulliver recounts his voyages, he relates how various fantastical people govern themselves and each other, and also their reactions to his tales of England’s constitution and government. In this, Jonathan Swift holds up a mirror to the English constitution, showing satirical refractions of many of its follies in these peoples, and having England’s prac…
Law (10 works) · Political science (10 works) · Sociology (5 works) · Constitution (4 works) · Irish (4 works) · Law (4 works) · Politics (4 works) · History (3 works) · Law in Society and Culture (3 works) · Common law (2 works)