Biography

Aileen Kavanagh, BCL, MA (University College Dublin); MLE (Hanover); DPhil (Oxon), is an Associate Professor of 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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  • A Kavanagh, 'Rights-Based Constitutional Review in the UK: From Form to Function' in John Bell and Marie-Luce Paris (eds), Rights-Based Constitutional Review in Comparative Perspective (Edward Elgar 2015) (forthcoming)
  • A Kavanagh, 'The Constitutional Separation of Powers' in David Dyzenhaus & Malcolm Thorburn (ed), Philosophical Foundations of Constitutional Law (Oxford University Press 2015) (forthcoming)
  • A Kavanagh, 'The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog' in Hunt, Hooper and Yowell (eds), Parliaments and Human Rights: Redressing the Democratic Deficit (Hart Publishing 2015)
  • A Kavanagh, 'The Role and Limits of Courts' in Barber, Ekins and Yowell (eds), The Limits of the Law (Hart Publishing 2015) (forthcoming)
  • A Kavanagh, 'What's so Weak about 'Weak-Form Review'? The Case of the UK Human Rights Act 1998' (2015) International Journal of Constitutional Law (ICON) (forthcoming)
  • A Kavanagh, 'Outcome Reasons and the Ambiguity of Process: Assessing Proportionality under the UK HRA' (2014) Law Quarterly Review 235
  • A Kavanagh, 'Proportionality and Parliamentary Debate: Exploring Some Forbidden Territory' (2014) Oxford Journal of Legal Studies 1
  • A Kavanagh, 'The Irish Constitution at 75 Years: Natural Law, Christian Values and the Ideal of Justice' (2012) 48 Irish Jurist 71
  • 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)
  • A Kavanagh, 'Constitutionalism, Counter-Terrorism and the Courts: Changes in the British Constitutional Landscape' (2011) 9 International Journal of Constitutional Law (ICON) 172
    ISBN: 1474-2640
  • 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)
  • A Kavanagh, 'Special Advocates, Control Orders and the Right to a Fair Trial' (2010) 63 Modern Law Review 836
    ISBN: 0026-7961
  • A Kavanagh, 'Defending Deference in Public Law and Constitutional Theory' (2010) 126 Law Quarterly Review 222
    ISBN: 0023-933X
  • A Kavanagh, 'Judicial Restraint in the Pursuit of Justice' (2010) 60 University of Toronto Law Journal 23
  • A Kavanagh, 'Constitutional Review, the Courts and Democratic Scepticism' (2009) 62 Current Legal Problems 102
    ISBN: 0070-1998
  • A Kavanagh, Constitutional Review under the UK HRA 1998 (Cambridge: CUP 2009)
    ISBN: 9780521761000
  • A Kavanagh, 'Judging the Judges under the Human Rights Act 1998: Deference, Disillusionment and the ?War on Terror?' [2009] Public Law 287
    ISBN: 0033-3565
  • A Kavanagh, 'Strasbourg, the House of Lords or Elected Politicians: Who decides about rights after Re P?' (2009) 72 Modern Law Review 828
  • A Kavanagh and John Oberdiek (eds), Arguing About Law (Routledge-Cavendish 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)
  • A Kavanagh, 'Choosing Between Section 3 and 4 Human Rights Act: Judicial Reasoning after Ghaidan v. Mendoza' in H. Fenwick, G.Phillipson & R.Masterson (ed), Judicial Reasoning Under the Human Rights Act 1998 (Cambridge: Cambridge University Press 2007)
  • A Kavanagh, 'Parliamentary Intent, Statutory Interpretation and the Human Rights Act 1998' (2006) 26 Oxford Journal of Legal Studies 179
  • 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
  • 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
  • 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
  • A Kavanagh, 'Original Intention, Enacted Text and Constitutional Interpretation' (2002) 47 The American Journal of Jurisprudence 255
  • A Kavanagh, 'Kavanagh's book on the Human Rights Act was widely cited in the Policy Exchange Report entitled 'Bringing Rights Back Home - Making human rights compatible with parliamentary democracy in the UK' (2000)
    The report (authored by Michael Duschinsky) is available at http://www.policyexchange.org.uk/images/publications/pdfs/PX_Keeping_Human_Rights_at_Home_WEB_07_02_11.pdf
  • A Kavanagh, 'R v Momcilovic [2010] VSCA 50 (17 March 2010)' (2000)
    Kavanagh's article "The Elusive Divide Between Interpretation and Legislation" (2004) 24 OJLS 259 was cited with approval in this case by the Court of Appeal of Victoria (Australia). It has been granted special leave by the High Court of Australia.
  • A Kavanagh, 'The Quest for Legitimacy in Constitutional Interpretation' (1998) 32 Irish Jurist 195

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Research Interests

constitutional and administrative law, human rights and constitutional theory

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Administrative Law, Jurisprudence, Constitutional Law (Senior Status)

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