David Prendergast

School of Law, Trinity College Dublin

Lecturer in Law

College Green

Dublin 2

Ireland

http://people.tcd.ie/dprender

SCHOLARLY PAPERS

18

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Scholarly Papers (18)

1.

The Constitutionality of Strict Liability Offences

(2011) 33 Dublin University Law Journal 285
Number of pages: 35 Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin
Downloads 363 (94,342)

Abstract:

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substantive criminal law, strict liability, presumption of innocence, legality, constitutionality of criminal law, legal theory, presumption of mens rea

2.

Gross Negligence Manslaughter in Irish Law

(Forthcoming 2014) 37 Dublin University Law Journal
Number of pages: 10 Posted: 08 Apr 2014
David Prendergast
School of Law, Trinity College Dublin
Downloads 320 (108,761)

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legality, constitutional legality, gross negligence manslaughter, void-for-vagueness, mens rea

3.

Subjectivism in Criminal Culpability and Sexual Offences Reform

(2018) 2 Criminal Law and Practice Review 99
Number of pages: 18 Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin
Downloads 91 (321,008)

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subjectivism in criminal law, criminal culpability, sexual offences, honest belief defence, mens Rea, Irish criminal law

4.

The Conventionality of Constitutional Law

Dublin University Law Journal, 2015
Number of pages: 7 Posted: 02 Feb 2016
David Prendergast
School of Law, Trinity College Dublin
Downloads 51 (437,051)

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constitutionalism, constitutional theory, legal philosophy, Irish constitutional law, constitutional law

5.

Constitutional Control of Vague Criminal Law

2017 DULJ
Number of pages: 31 Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin
Downloads 50 (440,827)

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legality, void for vagueness, criminal law, certainty in criminal law, Irish constitution

6.

Article 16 of the Irish Constitution and Judicial Review of Electoral Processes

Cahillane, Gallen, Hickey, Judges, Politics and The Constitution (Manchester University Press 2016) (Forthcoming)
Number of pages: 18 Posted: 02 Feb 2016
David Prendergast
School of Law, Trinity College Dublin
Downloads 49 (444,649)

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judicial review, constitutionalism, comparative constitutional law, constitutional law, Irish constitutional law, Irish electoral law, legal theory, constitutional theory

7.

The Judicial Role in Protecting Democracy from Populism

German Law Journal (2019), 20, pp. 245–262
Number of pages: 25 Posted: 01 Jul 2019
David Prendergast
School of Law, Trinity College Dublin
Downloads 42 (473,174)

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populism and democracy, constitutional review and separation of powers, perfecting and protecting democracy, judicial review, constitutional review, populism, democracy, constitutional law, political process, process theory, John Hart Ely

8.

By-Elections and the Filling of Dáil Vacancies within a Reasonable Time – A Note on Doherty v Ireland

(2011) 34 Dublin University Law Journal 242
Number of pages: 16 Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin
Downloads 22 (578,747)

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by-elections, electoral system, democracy, constitutional law, Irish constitutional law, electoral law, judicial review of political processes, democratic representation

9.

Culpability in Careless Driving and the So-Called 'Third Category' of Criminal Offence

(2018) 4 Irish Law Times 63
Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin

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criminal culpability, mens Rea, strict liability, driving offences, careless driving, Irish criminal law, David O Brink,

10.

CC v Ireland – The Missing Feminist Judgment

in Enright, McAndless, O’Donoghue, Northern/Irish Feminist Judgements: Judges’ Troubles and the Gendered Politics of Identity (Hart Publishing 2017), 566-578.
Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin

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strict liability, feminist judgments, unlawful carnal knowledge, mens Rea, subjectivism in criminal law, criminal culpability, Irish constitutional law

11.

The Presumption Pertaining to Murder Mens Rea in Section 4(2) of the Criminal Justice Act 1964

(2018) 60 Irish Jurist 167
Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin

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Murder mens rea, presumption of intent, natural and probable consequences, s.4 of the Criminal Justice Act 1964, common law presumption

12.

A Critical Review of the Court of Appeal Interpretation of Self-Defence in the Non-Fatal Offences Against the Person Act 1997

(2018) 28(3) Irish Criminal Law Journal 58
Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin

Abstract:

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self-defence, victims' rights, Court of Appeal of Ireland, criminal law, non-fatal offences against the person act 1997, subjectivism in criminal law

13.

What is the Test for Self-Defence in Fatal Cases?

Irish Law Times, Forthcoming
Posted: 02 Feb 2016
David Prendergast
School of Law, Trinity College Dublin

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14.

Defensive Killing by Initial Aggressors: People (DPP) V Barnes Revisited

(2015) 54 Irish Jurist 115
Posted: 02 Feb 2016
David Prendergast
School of Law, Trinity College Dublin

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Irish criminal law, self-defence law, criminal law theory, comparative criminal law, criminal law

15.

Addressing Uncertainty in the Defences of Self-Defence, Diminished Responsibility, and Provocation

(2014) Criminal Law and Practice Review (Forthcoming)
Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin

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criminal law, defences, self-defence, provocation, diminished responsibility, legality, fair notice, fair adjudication

16.

Strict Liability and the Presumption of Mens Rea after CC v Ireland

(2011) 46 Irish Jurist 211
Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin

Abstract:

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presumption of mens rea, strict liability, irish constitutional law, criminal law, constitutional law, legal theory

17.

The Connection between Mental Disorder and the Act of Killing in the Defence of Diminished Responsibility

(2013) 49 Irish Jurist 202
Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin

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diminished responsibility, criminal law, criminal defences, causation, excusatory defences, mental disorder, insanity, manslaughter, murder

18.

Douglas v DPP and the Constitutional Requirement for Certainty in Criminal Law

(2013) 50 Irish Jurist 235
Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin

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legality, criminal offences, vagueness, fair notice, fair adjudication, certainty in criminal law

Other Papers (1)

Total Downloads: 0
1.

Review of Ian O’Donnell, Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland (Oxford University Press 2017)

57(4) (2018) Howard Journal of Crime and Justice 604
Posted: 01 Jul 2019
David Prendergast
School of Law, Trinity College Dublin

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clemency, justice and mercy, death penalty, penology