David Kenny

Trinity College Dublin School of Law

Associate Professor and Fellow

College Green

Dublin 2

Ireland

SCHOLARLY PAPERS

22

DOWNLOADS

3,417

SSRN CITATIONS

5

CROSSREF CITATIONS

1

Scholarly Papers (22)

1.

A One Person Supreme Court? The Attorney General, Constitutional Advice to Government, and the Case for Transparency

Dublin University Law Journal (2019) 42(1) 89-119.
Number of pages: 35 Posted: 27 Nov 2019 Last Revised: 11 Feb 2021
David Kenny and Conor Casey
Trinity College Dublin School of Law and University of Liverpool School of Law & Social Justice
Downloads 603 (66,298)
Citation 1

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Constitutional law, Irish constitutional law, political constitutionalism, pre-enactment review, constitutional review, judicial review, Irish politics

2.

The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019

Public Law (2021) 355-374.
Number of pages: 28 Posted: 28 Jul 2020 Last Revised: 09 Jun 2021
David Kenny and Conor Casey
Trinity College Dublin School of Law and University of Liverpool School of Law & Social Justice
Downloads 334 (132,862)

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separation of powers, executive dominance, executive, legislature, Westminster system, parliament, money messages, money procedures, attorney general, legal advice, constitutional advice

3.

Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads

Dublin University Law Journal, Forthcoming
Number of pages: 24 Posted: 05 Dec 2017 Last Revised: 14 Mar 2018
David Kenny
Trinity College Dublin School of Law
Downloads 269 (166,291)
Citation 1

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Constitutional law, Constitutional Remedies, Irish Constitutional Law, Suspended Declarations of Invalidity, Constitutional Culture

4.

The Gatekeepers: Executive Lawyers and the Executive Power in Comparative Constitutional Law

(2022) International Journal of Constitutional Law
Number of pages: 32 Posted: 07 Apr 2021 Last Revised: 10 Jul 2022
Conor Casey and David Kenny
University of Liverpool School of Law & Social Justice and Trinity College Dublin School of Law
Downloads 233 (191,357)

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Executive power, comparative constitutional law, executive legal advisors, attorney general, separation of powers, political constitutionalism, policy distortion

5.

Constitutional Change and Interest Group Politics: Ireland's Children's Rights Referendum

Chapter 10 in: Richard Albert, Xenephon Contiades and Alkmene Fotiadou, The Foundations and Traditions of Constitutional Amendment (Oxford: Hart Publishing, 2017)
Number of pages: 28 Posted: 01 May 2017
Oran Doyle and David Kenny
Trinity College (Dublin) and Trinity College Dublin School of Law
Downloads 221 (201,207)
Citation 1

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comparative constitutional law; comparative constitutional theory; constitutional change; referendums; Irish constitutional law

6.

Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan

International Journal of Constitutional Law (2020) 18 (1) 51–77
Number of pages: 36 Posted: 22 Aug 2018 Last Revised: 21 Nov 2020
David Kenny and Conor Casey
Trinity College Dublin School of Law and University of Liverpool School of Law & Social Justice
Downloads 199 (221,558)
Citation 1

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Political Constitutionalism; Pre-enactment Review; Judicial Review; Constitutionalism; Constitutional Law; Ireland; Japan; Attorney General; Cabinet Legislation Bureau

7.

The Irish Constitution, a United Ireland, and the Ship of Theseus: Radical Constitutional Change as Constitutional Replacement

Number of pages: 34 Posted: 16 Jun 2019
David Kenny
Trinity College Dublin School of Law
Downloads 196 (224,487)

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Northern Ireland, Constitutional Law, Constitution Making, Constitutional Change, Ireland, Brexit, UK, Consociationalism, Constitutional Design

8.

Models of Irish Unification Processes

Number of pages: 31 Posted: 06 Apr 2020
Oran Doyle and David Kenny
Trinity College (Dublin) and Trinity College Dublin School of Law
Downloads 195 (225,539)
Citation 1

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Northern Ireland, referendums, border poll, Good Friday Agreement, united Ireland, constitutional change, constitutional design

9.

Proportionality and the Inevitability of the Local: A Comparative Localist Analysis of Canada and Ireland

American Journal of Comparative Law, Forthcoming
Number of pages: 55 Posted: 28 Nov 2017
David Kenny
Trinity College Dublin School of Law
Downloads 183 (238,479)

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Proportionality, constitutional law, rights limitation, rhetoric, Ireland, Canada, Oakes Test, standards of review, comparative law, legal transplants, migration of constitutional concepts, legal theory

10.

How Liberty Dies in a Galaxy Far, Far Away: Star Wars, Democratic Decay, and Weak Executives

(Forthcoming 2022) Law & Literature
Number of pages: 27 Posted: 07 Oct 2021 Last Revised: 02 Nov 2021
Conor Casey and David Kenny
University of Liverpool School of Law & Social Justice and Trinity College Dublin School of Law
Downloads 150 (281,508)

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Executive power, separation of powers, democratic decay, Star Wars, Galactic Republic, Galactic Empire.

11.

The Risks of Referendums: 'Referendum Culture' in Ireland as a Solution?

Maria Cahill, Seán Ó Conaill, Colm O'Cinneide, Conor O'Mahony (eds) Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland, Routledge, Forthcoming
Number of pages: 30 Posted: 15 Dec 2020
David Kenny
Trinity College Dublin School of Law
Downloads 146 (287,734)

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Referendums, Brexit, Ireland, Culture, Referendum Culture, Referendum Regulation, Social Media, Irish Politics, Irish Constitutional Law

12.

The Virtues of Unprincipled Constitutional Compromises: Church and State in the Irish Constitution

European Constitutional Law Review (Forthcoming)
Number of pages: 24 Posted: 04 Nov 2020
David Kenny
Trinity College Dublin School of Law
Downloads 121 (331,755)

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Constitution making, Disagreement, Principled Constitutionalism versus unprincipled bargaining, Pragmatism, Church and State, Maintaining religious peace, Drafting of the Irish Constitution of 1937

13.

The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism

Forthcoming in Law and Literature
Number of pages: 32 Posted: 28 Jul 2020
David Kenny
Trinity College Dublin School of Law
Downloads 95 (390,562)

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Law and literature, Thomas Cromwell, Hilary Mantel, Pragmatism, Legal Pragmatism, William James, Stanley Fish, Wolf Hall

14.

'Words, Words, Just Words': Law, Language, and Magic in Hilary Mantel’s Thomas Cromwell Trilogy

Number of pages: 23 Posted: 18 Nov 2021
David Kenny
Trinity College Dublin School of Law
Downloads 81 (430,513)

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Wolf Hall, law and language, law and literature, law as rhetoric, Thomas Cromwell, Hilary Mantel

15.

Are the People the Masters? Constitutional Referendums in Ireland

Richard Albert and Richard Stacey (eds), The Limits and Legitimacy of Referendums (OUP 2022)
Number of pages: 42 Posted: 06 Apr 2021 Last Revised: 08 Apr 2022
David Kenny and Aileen Kavanagh
Trinity College Dublin School of Law and affiliation not provided to SSRN
Downloads 80 (433,535)

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16.

The Constitutional Politics of a United Ireland

Oran Doyle, Aileen McHarg, and Jo Murkens (eds.), The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure (Cambridge University Press, 2021)
Number of pages: 24 Posted: 20 Oct 2020
Trinity College (Dublin), Trinity College Dublin School of Law and Queen's University Belfast - School of Law
Downloads 71 (463,281)

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Irish constitutional law; Northern Ireland; devolution; unification

17.

‘Love Mounts to the Throne with Law’: Citizenship in Northern Ireland and Seamus Heaney’s Antigone

(2022) Law and Humanities (Forthcoming)
Number of pages: 24 Posted: 30 Jun 2021
David Kenny
Trinity College Dublin School of Law
Downloads 70 (466,733)

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Citizenship; multi-level citizenship; Antigone; law and theatre; law and literature; Greek tragedy; Northern Ireland; Good Friday Agreement; Seamus Heaney

18.

Directive Principles, Political Constitutionalism, and Constitutional Culture: the case of Ireland’s failed Directive Principles of Social Policy

European Constitutional Law Review (forthcoming)
Number of pages: 29 Posted: 18 May 2022
David Kenny and Lauryn Musgrove McCann
Trinity College Dublin School of Law and Trinity College Dublin School of Law
Downloads 68 (473,892)

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Economic Social and Cultural Rights, directive principles, constitutional design, constitutional culture, Ireland, India, ESC rights

19.

Examining Constitutional Culture: Assisted Suicide In Ireland And Canada

(2022) 17(1) Journal of Comparative Law 85
Number of pages: 33 Posted: 03 May 2022
David Kenny
Trinity College Dublin School of Law
Downloads 37 (615,093)

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constitutional culture, assisted suicide, Ireland, Canada, proportionality, right to life, comparative law methodology

20.
Downloads 27 (679,738)

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21.

Embracing Difference, Divergence, and Diversity: The Case for Pragmatic Constitutionalism in the 21st Century

Number of pages: 5 Posted: 11 Oct 2021
David Kenny
Trinity College Dublin School of Law
Downloads 27 (679,738)

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22.

Legal Education: A Reflective, Collaborative Approach to Peer Observation of Teaching

(2017) 40(1) Dublin University Law Journal 207
Number of pages: 12 Posted: 19 May 2022
David Kenny
Trinity College Dublin School of Law
Downloads 11 (818,724)

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