Paul Daly

Queens' College

Constructing Curial Deference

Development of a theoretical argument for the notion that powers should be allocated between branches of government based on the relative institutional competence of various organs of the state. The law on curial deference in Canada, the United States and the United Kingdom will be evaluated in the light of the theoretical argument, and the theoretical argument will, equally, be informed by reference to these jurisdictions. The ultimate goal is to construct a framework of curial deference that indicates to courts, elected representatives and individual citizens the intensity of judicial review of different types of decision taken by different types of decision-maker.  

Start Date: 2007/10.

Education

2007-present - University of Cambridge, Ph.D.

2009-2010 - Harvard Law School, Visiting Researcher

2007 - University of Pennsylvania Law School, LL.M.

2006 - University College Cork, LL.M., "The Limits of the High Court's Power of Judicial Review"

2005 - University College Cork, B.C.L.

Awards

Modern Law Review Scholarship 2009-2010, University of Cambridge

National University of Ireland Travelling Studentship, 2007-2010, University of Cambridge

First place, LL.M. class 2007, University of Pennsylvania Law School

Fulbright Scholar, 2006-2007

College Scholar, University College Cork

Student Leadership Award, University College Cork, 2006

Honorary Life Member, Law Society, University College Cork, 2006 

Ronan Scholarship, University College Cork, 2005-2006

University College Cork Law Faculty Teaching Studentship, 2005-2006

First place, B.C.L. class 2005, University College Cork

Shortlist, Regional Sports Journalist of the Year, 2004

Brian Wilkinson Memorial Prize for Constitutional Law, UCC, 2003 

O2 Student Media Award, 2003

 

 

Positions Held

2007-present - Research assistant to Professor David Gwynn Morgan and Dr Gerard Hogan S.C. on Administrative Law in Ireland (4th ed., forthcoming, 2009)

2008-2009 - Tutor in Administrative Law, Newnham College, University of Cambridge

2008-2009 - Tutor in Constitutional Law, Wolfson College, University of Cambridge

2005-2006 - Tutor in Constitutional Law, University College Cork 

2005-2006 - Postgraduate Officer, University College Cork Students' Union; Member of University College Cork Governing Body

2004-2006 - Recording Secretary, Law Society, University College Cork

2002-2006 - Freelance sports and current affairs journalist, print and broadcast media

Professional Associations

Attorney-at-Law (New York).

Peer-Reviewed

“Judicial Review and the ‘Political Question’ Doctrine” [2010] Public Law 160

“Blown Out of All Proportion: the Case Against Proportionality as an Independent Head of Review” in Cian C. Murphy and Penny Green eds., Law and Outsiders: Norms, Processes and ‘Othering’ in the Twenty-First Century (Hart, Oxford, forthcoming, 2010)

“Judicial Review and ‘Political Questions’ in Ireland” (2008)(2) Judicial Studies Institute Journal 116

“Judicial Review of Factual Error in Ireland” (2008) 30 Dublin University Law Journal 187

“Deference and Redefining Reasonableness” [2007] Bar Review 216

“Explaining ‘Jurisdiction’” [2007] Irish Law Times 72

“Judicial Review of Errors of Law in Ireland” (2006) xli Irish Jurist 60

Papers delivered

“‘Jurisdiction’ and ‘Law’ in Judicial Review” (2009) Graduate Workshop Series, University of Cambridge Centre for Public Law 

“Judicial Review and ‘Political Questions’” (2008) Effective Judicial Review: a Cornerstone of Good Governance, University of Cambridge Centre for Public Law and Faculty of Law Chinese University of Hong Kong

“Mountains or Molehills: the Scope of Fundamental Rights in Administrative Law” (2008) Human Rights Forum, University of Cambridge

“The Theoretical Case for Curial Deference” (2008) Arts and Social Sciences Postgraduate Conference, University of Aberdeen 

“Blown Out of All Proportion: the Case against Proportionality as an Independent Head of Review” (2008) International Graduate Conference, King’s College, London

“Would it be Impolitic to Kill off the ‘Political Question’ doctrine?” (2008) Graduate Workshop Series, University of Cambridge Centre for Public Law 

“Justiciability and Judicial Review in Ireland” (2008) Postgraduate Conference, University College Cork Centre for Human Rights and Criminal Justice 

“Tribunals of Inquiry - Worth Every Penny?” (2006) Essay Competition Ceremony, University College Cork Law Faculty 

“Some Problems of Jurisdiction” (2005) Law Faculty Staff-Student Seminar, University College Cork

Other Publications

"Cognitive Tics of the Herd" (Review of Too Big to Fail) (2009) 13 Dublin Review of Books

(http://www.drb.ie/more_details/10-02-14/Cognitive_Tics_of_the_Herd.aspx)

“Review of The Irish Constitution: Governance and Values” [2009] Cambridge Law Journal 659

"No Solicitors on Escalators: Some Thoughts on Statutory Interpretation and Carmody's case" (2009) Human Rights in Ireland Blog

(http://humanrightsinireland.wordpress.com/2009/11/27/daly-on-carmody/)

“Case Note: Mahon v Post Publications” (2008) 16 Irish Student Law Review 203

“A Sound Constitution” (Review of The Making of the Irish Constitution 1937) (2008) 3 Dublin Review of Books

(http://www.drb.ie/more_details/08-09-25/A_Sound_Constitution.aspx)

“Losing Faith: the House of Lords and the Government” [2007] Cork Online Law Review 5

The Last Great Tour? Travelling with the Lions in 2005 (Collins Press, Cork , 2005)

Reflections of Cork (Echo Publications, Cork , 2004)

Dr John Allison

Not appointed