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Dr. David Prendergast

Assistant Prof in Comparative Law (Law)
HOUSE 39, COLLEGE


Dr David Prendergast researches and teaches in jurisprudence and criminal law. David co-founded the Irish Jurisprudence Society and is a former co-editor of the Dublin University Law Journal. He received a Trinity Provost's Teaching Award (Early Career) in 2014. David's PhD provided a qualified defence of judicial review of electoral processes. His journal articles on substantive criminal law have been influential and cited in numerous academic texts and in the High Court of Ireland. Current research involves investigating the structure of criminal liability and criminal law defences. David has an LL.B. (First class) from Trinity College Dublin, an LL.M. (Distinction) from University College London and is a non-practising barrister. He worked as a legal researcher for the Law Reform Commission and was formerly Pathways to Law Liaison Officer with Trinity Access Programmes. He was formerly Director of Undergraduate Teaching and Learning in the Law School and is currently Director of the LLM Dissertation programme.
  Constitutional law   Criminal law   criminal law theory   Jurisprudence   philosophy of criminal law
Details Date
Co-editor of the Dublin University Law Journal 2013-2016
Co-editor of the Criminal Law and Practice Review 2014
Details Date From Date To
Irish Jurisprudence Society 2007 present
Irish Association of Law Teachers (IALT)
David Prendergast, Judicial stewardship of the provocation defence in People (DPP) v McNamara, Irish Supreme Court Review, 3, 2021, p69 - 99, Journal Article, PUBLISHED
David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50, Journal Article, PUBLISHED
David Prendergast, Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, 2, 2020, p135 - 154, Journal Article, PUBLISHED
David Prendergast, The judicial role in protecting democracy from populism, German Law Journal, 20, (2), 2019, p245 - 262, Journal Article, PUBLISHED
David Prendergast, Constitutional Control of Vague Criminal Law, Dublin University Law Journal, 42, (2), 2018, p19 - 44, Journal Article, PUBLISHED
David Prendergast, The presumption pertaining to murder mens rea in section 4(2) of the Criminal Justice Act 1964, Irish Jurist, (60), 2018, p167 - 179, Journal Article, PUBLISHED
David Prendergast, Criminal Culpability and Sexual Offences Reform, Criminal Law and Practice Review, 2, 2018, p99 - 113, Journal Article, PUBLISHED
David Prendergast, A critical review of the Court of Appeal interpretation of self-defence in the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 28, (3), 2018, p58 - 63, Journal Article, PUBLISHED
Article 16 of the Irish Constitution and Judicial Review of Electoral Processes in, editor(s)Laura Cahilane, James Gallen, Tom Hickey , Judges, Politics and The Constitution, United Kingdom, Manchester University Press, 2017, pp252 - 268, [David Prendergast], Book Chapter, PUBLISHED
CC v Ireland: the missing feminist judgment in, editor(s)Máiréad Enright, Julie McCandless, Aoife O'Donoghue , Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity, United Kingdom, Hart Publishing, 2017, pp566 - 579, [David Prendergast], Book Chapter, PUBLISHED
  

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David Prendergast, What the relational self tells us about criminal law, UCD Book Symposium on Jonathan Herring's Law and the Relational Self (Cambridge University Press 2019), University College Dublin, 3-4 June 2022, edited by Christopher Cowley and Sarah Fulham-McQuillan , 2022, Conference Paper, PUBLISHED
David Prendergast, The difference between recklessness and negligence in criminal law, Roots of Responsibility-Varieties of Risk, Risk and Recklessness Workshop, UCL, 23-24 April 2021, edited by Claire Field , 2021, Conference Paper, PUBLISHED
David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020, Conference Paper, PUBLISHED
David Prendergast, Book review: Core Concepts in Criminal Law Volume 1 (Ambos, Duff, Roberts, Weigend, eds), Criminal Law Forum, 31, 2020, p461 - 469, Journal Article, PUBLISHED
David Prendergast, Criminal Law and Morality: the common architecture, Symposium on David O Brink's Fair Opportunity, Responsibility and Excuse, Somerville College, University of Oxford, 20 March 2019, edited by Anthony Skelton and Lisa Forsberg , 2019, Conference Paper, PUBLISHED
David Prendergast, Recklessness in Irish Criminal Law, TCD Law Lunchtime Research seminar, Trinity College Dublin, 16 October 2019, 2019, Conference Paper, PUBLISHED
David Prendergast, Connecting Offence and Defence, Edinburgh Criminal Law Discussion Group Seminar, University of Edinburgh, 11 December 2019, edited by JP Fassnidge , 2019, Conference Paper, PUBLISHED
David Prendergast, Limiting consent in criminal law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, Trinity College Dublin, 12 October 2019, edited by Eoin O'Dell , 2019, Conference Paper, PUBLISHED
David Prendergast, Book Review: JJ Child and RA Duff, Criminal Law Reform Now, Howard Journal of Crime and Justice, 58, (4), 2019, p585 - 586, Journal Article, PUBLISHED
David Prendergast, Reverse Burdens, Evidence/Criminal Procedure Workshop, Dublin City University, edited by Yvonne Daly , 2018, Conference Paper, PUBLISHED

  

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Award Date
Provost's Teaching Award (early career) winner 2014
Shortlisted for Provost's Teaching Award 2013
TCD Postgraduate Studentship 2007
Sir Jack Jacob Prize for Civil Justice, UCL 2006
Criminal law: criminal defences, legality, Mens Rea, strict liability, elements of criminal liability. Comparative criminal law and constitutional law. Constitutional law: judicial review, electoral processes. Legal philosophy and jurisprudence: general jurisprudence, ontology of law, common law theory.