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Dr. Rachael Walsh

Associate Professor (Law)
HOUSE 39, COLLEGE


I am an Assistant Professor at the School of Law, teaching and researching in the areas of property law and theory and constitutional law and theory. I am the School's Director of Global Relations and Erasmus Coordinator. I previously worked as a permanent Lecturer in Law at King's College London. There, I taught property law and environmental law and served as the Director of the Joint Degree with Columbia Law School and the Study Abroad Programme. Prior to that, I was an Adjunct Professor at Trinity College Dublin. I completed my PhD at Trinity College Dublin, where I was funded by an Ussher Scholarship. I obtained an LLM degree from Harvard Law School as a Fulbright Scholar. I am also a qualified barrister. I am recognised internationally as a leader in constitutional law and property law. Throughout my work, I aim to connect legal theory and practice through analysing the underpinnings and drivers of law 'in action'. Key recent publications include Property Rights and Social Justice: Progressive Property in Action (Cambridge University Press, 2021) and Kelly: The Irish Constitution (Bloomsbury, 2018), which is the seminal text on Irish constitutional law. These books complement peer-reviewed publications in journals of high standing in both constitutional law and property law. My research examines how constitutions shape democracies and set parameters for solving social problems, both procedural and value-based. In my current projects, I analyse the role of citizens in constitutional reform and the balance between the individual and the community in the protection of property rights. I do so through the prism of global challenges, for example securing safe and secure housing (including over the course of the COVID-19 pandemic), effectively designing and implementing climate mitigation measures, and restoring trust in democracy. My property scholarship focuses in various ways on the question of how the State can restrict the exercise of property rights to secure the common good, analysing whether property law, and ideology, limits the legal and political scope for progressive policy reforms in response to urgent problems such as climate change. Accordingly, my research cross-cuts a range of subject areas, including property law and theory, constitutional law and theory, environmental law, planning law, housing law, and human rights law. As well as focusing on the interaction between constitutional law and property law, I research other constitutional problems. Given the rise of populist politics around the world, there is an urgent need to reconnect people with political processes. Increasing citizen participation is proposed as one solution, with Ireland pointed to internationally as a leading example. Arising out of my role as constitutional law advisor to the Irish Citizens' Assembly, my research also explores the role that citizens play in changing and updating constitutions, in particular through deliberative processes.
  Constitutional Law   Environmental Law   Land Law   Planning Law   Property Law
 RESILENS

Details Date
Board member, Modern Studies in Property Law. This is a highly prestigious international property law group, focused on a large conference and a research workshop every two years, as well as a resulting peer-reviewed publication. Jan 2016 to date
Appointed member of the Expert Advisory Group of the Citizen's Assembly on the Eighth Amendment, Fixed Term Parliaments, and Referendums. November 2015-April 2018
Fellow, South African Research Chair in Property Law - appointed on the basis of outstanding research in comparative constitutional property law, functions include attending at the Chair to carry out research, delivery of graduate seminars and examination of PhD's. 2012 - to date
External reviewer for the South African research funding body, the National Research Foundation. Functions include reviewing and assessing research outputs from individual researchers, and reviewing institutions from a teaching and learning, as well as a research perspective. 2016-to date
Peer-reviewer, Cambridge University Press 2017-to date
Peer-reviewer. The Conveyancer journal. 2014 - to date
Peer-Reviewer, European Property Law Journal
Member, Editorial Board, King's Law Journal 2011
Peer-reviewer, Dublin University Law Journal 2012-to date
National representative for Ireland for the Core Principles of European Expropriation Law and Obligations to climate-proof real estate EU-wide research projects. 2015 - to date
Member, Expert Group on Expropriation September 2013 to date
Peer-Reviewer, European Property Law Journal 2020 - to date
External Examiner (PhD) - University of Glasgow 2021-2022
Consultant, Law Reform Commission of Ireland 2020-2021
Language Skill Reading Skill Writing Skill Speaking
English Fluent Fluent Fluent
French Fluent Fluent Fluent
Irish Medium Medium Medium
Spanish Medium Medium Medium
Details Date From Date To
Board Member, Modern Studies in Property Law: Modern Studies in Property Law is the leading UK property law conference, which meets biennially in full conference format, and in workshop format on alternate years. It results in a prestigious peer-reviewed edited collection published by Hart. The Board steers conference activities and also manages a research mentoring programme and support for postgraduate research. January 2015 to date
Fellow, South African Research Chair in Property Law Group: The Research Chair is the leading centre for property law research in South Africa, which has a central role in crucial debates concerning access to housing and land. As a Fellow, I contribute to its research activities and to its postgraduate programmes, through teaching and as a PhD examiner. November 2012 to date
Member, Expert Group on Expropriation: The Expert Group brings together by invitation leading academics and practitioners working in the field of expropriation law to develop good governance standards in expropriation, in particular with a view to securing sustainable development. The Group holds regular international conferences and publishes peer-reviewed edited collections. September 2013 to date
Member, Society of Legal Scholars 2010 to date
Member, Irish Association of Law Teachers 2018 to date
Member, International Society of Public Law 2018 to date
Member, Young Property Lawyers' Association 2008 to date
Member, Association of Law, Property and Society 2015 to date
Member, Irish Jurisprudence Society September 2008 to date
Rachael Walsh, Distributing the Costs of Change: Property Transitions and Pacts, International Journal of Law in Context, 18, 2022, Journal Article, ACCEPTED
Oran Doyle and Rachael Walsh, Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy, International Journal of Constitutional Law, 20, 2022, Journal Article, ACCEPTED
Rachael Walsh, Property Rights and Social Justice: Progressive Property in Action, Cambridge, Cambridge University Press, 2021, Book, PUBLISHED
Deliberative Mini-Publics as a Response to Populist Democratic Backsliding in, editor(s)Maria Cahill, Colm O'Cinneide, Seán Ó Conaill and Conor O'Mahony , Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland, London, Routledge, 2021, [Oran Doyle and Rachael Walsh], Book Chapter, PUBLISHED
Securing Possession of the Home in the COVID-19 Context in, editor(s)Elsabe van der Sijde , Property Responses to a Global Pandemic, South Africa, Juta, 2021, [Rachael Walsh], Book Chapter, PUBLISHED
Rachael Walsh, Climate Action and Constitutional Property Rights - Partners or Adversaries?, Dublin University Law Journal, 2021, Journal Article, ACCEPTED
Rachael Walsh, Review of Open Democracy : Reinventing Popular Rule for the 21st Century, by Helene Landemore , International Journal of Constitutional Law, 2021, phttps://doi.org/10.1093/icon/m , Review, PUBLISHED
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465, Journal Article, PUBLISHED  URL
Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108, Notes: [Contributes to national public debate on COVID-19 and policy-making by the State.], Report, PUBLISHED  TARA - Full Text  URL
Oran Doyle and Rachael Walsh, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496, Journal Article, PUBLISHED
  

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H2020 consortium, 'RESILENS: Realising European Resilience for Critical Infrastructure', http://resilens.eu, 2018, -, Protocol or guideline, PUBLISHED
Rachael Walsh, Compensation for Expropriation - 'Democratic Discounting', Rethinking Expropriation: Compensation for Expropriation, University of Cape Town, 7-9 December 2016, 2016, Conference Paper, PRESENTED
Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, The Public/Private Interface of Property, King's Law Journal, 24, (2), 2013, p1-, Journal Article, PUBLISHED
Rachael Walsh , The Constitutive Role of the Right to be Heard, Core Principles of Expropriation Law Colloquium, The Hague, 18th June 2016, Conference Paper, PRESENTED

  

Award Date
Provost's PhD Project Award December 2019
Provost's Teaching Award April 2018
Accelerated Advancement in the Assistant Professor grade April 2016
Laidlaw Scholar Supervisor 2020-2021
Ussher Award for PhD studies June 2008
Fulbright Scholar Award June 2007
Rodney Overend Educational Trust award for Ph.D. studies, June 2008
James Murnaghan Prize, The Honorable Society of the King's Inns July 2013
Gold Medal Award, TCD December 2007
Henry Hunter Hamilton Prize, TCD June 2007
I am a recognised leader in constitutional law and property law. My research examines how constitutions shape democracies and set parameters for solving social problems, both procedural and value-based. In my current projects, I analyse the role of citizens in constitutional reform and the balance between the individual and the community in the protection of property rights. I do so through the prism of global challenges, for example securing safe housing, designing and implementing climate mitigation measures, and restoring trust in democracy. Accordingly, my research has wide-reaching relevance, reflected in its selection for the Provost's Annual Review (2019). Tension between property rights and collective interests underpins regulatory responses to social problems, with governments regularly citing property rights as a barrier to change. Building on previous publications in leading peer-reviewed journals, in Property and Social Justice: Progressive Property in Action (CUP, 2021), I challenge this claim. I show how property rights and social justice can be mediated in a way that does not impede progressive reforms. I also addressed this issue, as well as other constitutional law problems, as a co-author of Kelly: The Irish Constitution (Bloomsbury, 2018). This treatise is recognised as providing authoritative analysis of Irish constitutional law and is regularly cited by the Supreme Court. Arising out of my role as constitutional law advisor to the Irish Citizens' Assembly, my research also explores the role that citizens play in constitutional change. This scholarship, published in leading international peer-reviewed journals such as the International Constitutional Law Journal and the European Constitutional Law Review, responds to international interest in Ireland as a leader in deliberative democracy. I advised the German National Citizens' Assembly and the EU Committee of the Regions amongst others on the topic. In addition, I have a strong funding record. For example, I was part of the team that secured c. €40,000 in funding for the COVID-19 Law and Human Rights Observatory in the Dean of Research's COVID-19 Response call. I led the Law School's involvement in the H2020 RESILENS project, which was awarded €4,091,842.50 in EU FP7 funding to develop tools for the creation and maintenance of resilient critical infrastructure.