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Freedom of Expression

Democracy and Free Speech

In Ireland, we have difficulty understanding broad concepts, or so it seems. Currently, the Irish Times (one, at least, of its “opinion columnistsâ€?) and the Sunday Business Post (the editorial) are citing the principle of democracy to accord respect (and, possibly, equality with the Irish referendum verdict) to the “viewsâ€? of other EU member states on the Lisbon Treaty. The Government itself (the Taoiseach) defends Mr. Sarkozy’s “rightâ€? to express his reaction to the rejection of the Lisbon Treaty by […]

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A life of the mind

Here in McGarr Solicitors (inhabitants of the USA, note; a solicitor is a lawyer), we spell “intellectual” with three els.

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The Web

Eoin O’Dell asks a valid question. What is a website for?

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Trouble in the Port Tunnel

The real news story of the Dublin Port Tunnel is not its faults; it is the role of the whistleblower/s.

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PLAGIARISM

Of course, we might comfort ourselves with the reflection that we don’t mind if the British GMC seeks to foil any intention we have to practice medicine in the UK, there being, generally, none.

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Witness Immunity

Most witnesses are compellable, that is, they will be obliged to attend and give evidence in court. The method of doing this is to serve a subpoena on the witness. Reasonably enough, the witness is and should be protected from litigious attack for giving evidence. Absolute privilege attaches to statements that are made in the course of the administration of justice. This has been stated as “…anything said, or published in writing, in the court and as part of legal […]

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Defamation on the Web

The use of the World Wide Web has implications for the law relating to conflict of laws. This is the body of law developed to address questions generated by the involvement in a legal issue of one or more legal systems or, more correctly, legal jurisdictions. Publication on the Web involves publication everywhere the material is accessed. Therefore publication will, potentially if not actually, invoke the legal rules of every place of access. Eoin O’Dell publishes in Ireland and is, […]

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First, count them

Do we know for certain what government policy is? Is the National Spatial Mananagment Plan really Government policy?

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Privacy and the Hustings

Do election candidates have a right to privacy?

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Speaking Truth to Power?

… opponents of a candidate have a privilege for statements about the candidate for which, made bona fide, they are not answerable in the absence of malice.

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