Speaking Across Borders: The Limits and Potential of Transnational Dialogue on Refugee Law in Ireland
TRANSNATIONAL JUDICIAL DIALOGUE IN REFUGEE LAW, Guy Goodwin-Gill, Helene Lambert, eds., Cambridge University Press: 2010
19 Pages Posted: 5 Mar 2010
Refugee Law in Ireland has developed rapidly over the last decade. This chapter highlights the extent to which lawyers, judges and policy-makers at the forefront of developing Irish law in this field have benefited from the greater availability of comparative and international law in recent years. As the cases explored in this chapter highlight, refugee law in Ireland is marked by significant transnational judicial dialogue. The adoption of the ECHR Act 2003 has further expanded the scope of this dialogue allowing for increasing reference to the practice of the Strasbourg Court and the UK Courts in matters of fundamental rights. However, it is also clear that the scope of this dialogue, and its potential to contribute to a European consensus on key concepts of refugee law, is limited. Constraining further harmonization of refugee law across EU member states is a common law / civil law divide that has limited the scope of transnational judicial dialogue in Ireland, and in other Member States. This is further compounded by a strict dualist approach to international law adopted by Irish courts.
This chapter explores a series of rational and cultural factors that underpin the nature of judicial dialogue on refugee law in Ireland, drawing on selected cases from the superior courts and the published decisions of the Refugee Appeals Tribunal.
Keywords: Refugee Law, Judicial Dialogue, International Law in Domestic Courts, European Convention on Human Rights, Asylum Law
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