Aileen Kavanagh
Reader in Law
Aileen Kavanagh, BCL, MA (University College Dublin); MLE (Hanover); DPhil (Oxon), is a Reader in Law and a Fellow of St Edmund Hall. She teaches and researches in the areas of constitutional and administrative law, human rights and constitutional theory. After completing her DPhil in constitutional theory at Balliol College, Oxford, she was a Lecturer in Law (2000-06) and Reader (2006-9) at the University of Leicester. She is on the editorial board of Law and Philosophy and Jurisprudence: An International Journal of Law and Philosophy. Recent publications include her book Constitutional Review under the UK Human Rights Act 1998 (CUP, 2009). Her current research focuses on constitutionalism and counter-terrorism, the doctrine of proportionality, and the separation of powers.
Publications
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Journal Articles
2012
A Kavanagh, 'The Irish Constitution at 75 Years: Natural Law, Christian Values and the Ideal of Justice' (2012) 48 Irish Jurist 71
2011
A Kavanagh, 'Constitutionalism, Counter-Terrorism and the Courts: Changes in the British Constitutional Landscape' (2011) 9 International Journal of Constitutional Law (ICON) 172
2010
A Kavanagh, 'Defending Deference in Public Law and Constitutional Theory' (2010) 126 Law Quarterly Review 222
A Kavanagh, 'Judicial Restraint in the Pursuit of Justice' (2010) 60 University of Toronto Law Journal 23
A Kavanagh, 'Special Advocates, Control Orders and the Right to a Fair Trial' (2010) 63 Modern Law Review 836
2009
A Kavanagh, 'Constitutional Review, the Courts and Democratic Scepticism' (2009) 62 Current Legal Problems 102
A Kavanagh, 'Judging the Judges under the Human Rights Act 1998: Deference, Disillusionment and the ?War on Terror?' [2009] Public Law 287
A Kavanagh, 'Strasbourg, the House of Lords or Elected Politicians: Who decides about rights after Re P?' (2009) 72 Modern Law Review 828
2006
A Kavanagh, 'Parliamentary Intent, Statutory Interpretation and the Human Rights Act 1998' (2006) 26 Oxford Journal of Legal Studies 179
2005
A Kavanagh, 'Pepper v Hart and Matters of Constitutional Principle' (2005) 120 Law Quarterly Review 98
A Kavanagh, 'Unlocking the Human Rights Act: The Radical" Approach to Section 3(1) Revisited"' (2005) European Human Rights Law Review 259
2004
A Kavanagh, 'Comparative perspectives on Constitutional Law: Implications for the Human Rights Act 1998 (Review Essay)' (2004) European Public Law 161
A Kavanagh, 'Statutory Interpretation under the Human Rights Act 1998 after Anderson: a more contextual approach' [2004] Public Law 537
A Kavanagh, 'The Elusive Divide between Interpretation and Legislation under the Human Rights Act 1998' (2004) 24 Oxford Journal of Legal Studies 259
A Kavanagh, 'The Role of a Bill of Rights in Reconstructing Northern Ireland' (2004) 26 Human Rights Quarterly 956
2003
A Kavanagh, 'Participation and Judicial Review: A Reply to Jeremy Waldron' (2003) 22 Law and Philosophy 1
A Kavanagh, 'The Idea of a Living Constitution' (2003) 16 Canadian Journal of Law and Jurisprudence 55
2002
A Kavanagh, 'Original Intention, Enacted Text and Constitutional Interpretation' (2002) 47 The American Journal of Jurisprudence 255
1998
A Kavanagh, 'The Quest for Legitimacy in Constitutional Interpretation' (1998) 32 Irish Jurist 195
Books
2009
A Kavanagh, Constitutional Review under the UK HRA 1998 (Cambridge: CUP 2009)
Chapters
2012
A Kavanagh, 'Unconstitutional Constitutional Amendments from Irish Free State to Irish Republic' in Eoin Carolan (ed), The Constitution of Ireland: Perspectives and Prospects (Bloomsbury Professional 2012)
2011
A Kavanagh, 'From Appellate Committee to Supreme Court: Independence, Activism and Transparency' in James Lee (ed), From House of Lords to Supreme Court: Judges, Jurists and the Process of Judging (Oxford, Hart Publishing 2011)
2008
A Kavanagh, 'Deference or Defiance? The Limits of the Judicial Role in Constitutional Adjudication' in G. Huscroft (ed), Expounding the Constitution: Essays in Constitutional Theory (Cambridge: Cambridge University Press 2008)
2007
A Kavanagh, 'Choosing Between Section 3 and 4 Human Rights Act: Judicial Reasoning after Ghaidan v. Mendoza' in H. Fenwick, G.Phillipson & R.Masterson (eds), Judicial Reasoning Under the Human Rights Act 1998 (Cambridge: Cambridge University Press 2007)
Edited books
2008
A Kavanagh and John Oberdiek (eds), Arguing About Law (Routledge-Cavendish 2008)
Interests
Teaching: Constitutional and Administrative Law; Philosophy of Law
Research: constitutional and administrative law, human rights and constitutional theory
Other details
Correspondence address:
St Edmund Hall
Oxford, OX1 4AR
Contact details:
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