Publications by Fergal Davis | Law

Publications by Fergal Davis

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Authored Books

Trial by Jury and Counter-Terrorism (Hart, forthcoming).

The History & Development of Special Criminal Court, 1922-2013 (2nd edition) (Bloomsbury Professional, 2014) – this edition is substantially revised and updated.

The History & Development of the Special Criminal Court - 1921-2005 (Four Courts Press, 2007).


Edited Collections

Critical Debates on Counter-Terrorist Judicial Review (Cambridge University Press, 2014) (with Fiona de Londras).

Surveillance, Counter-Terrorism and Comparative Constitutionalism (Routledge, 2014) (with Nicola McGarrity and George Williams).


Book Chapters

‘Manifestations of extremism’ in Clive Walker and Genevieve Lennon (eds) Routledge Handbook of Law and Terrorism (Routledge, 2015) pp 432-446 (with Clive Walker).

‘Counter-Terrorism Law: Australia’ in Kent Roach (ed) Comparative Counter-Terrorism Law: The State of the Art (Cambridge University Press, forthcoming 2015) pp 650-682 (with Nicola McGarrity and George Williams).

‘Counter-Terrorist Judicial Review: beyond dichotomies’ in Fergal Davis and Fiona de Londras (eds) Critical Debates on Counter-Terrorist Judicial Review (Cambridge University Press, 2014) pp 1-32 (with Fiona de Londras).

‘The Politics of Counterterrorism Judicial Review: creating effective parliamentary scrutiny’ in Fergal Davis and Fiona de Londras (eds) Critical Debates on Counter-Terrorist Judicial Review (Cambridge University Press, 2014) pp 142-160.

‘Mapping the Terrain’ in Fergal Davis, Nicola McGarrity and George Williams (eds) Surveillance, Counter-Terrorism and Comparative Constitutionalism (Routledge, 2014) pp 3-10 (with Nicola McGarrity and George Williams).

‘Article 28.3.3⁰: Terrorism, Democracy, Supra-Legality and the “State of Emergency” in the Irish Constitution’ in Eoin Carolan (ed) The Constitution of Ireland: Perspectives and Prospects (Bloomsbury Professional, 2012) pp 355-373 (with Christopher Thornhill).

‘Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency’ in Andrew Lynch, Nicola McGarry & George Williams (eds) Counter-Terrorism & Beyond: the culture of law and justice after 9/11 (Routledge-Cavendish, 2010).

‘International terrorism & the International Criminal Court’ in Douglas Lewis (ed), Global Governance & the Quest for Justice: vol. 1, International Regional organisations (Hart, 2005) pp 21-37.


Refereed Articles

‘Political Rights Review and Political Party Cohesion’ (forthcoming) Parliamentary Affairs .

‘The Problem of Authority and the Proposal for an Indigenous Advisory Body’ (forthcoming) Indigenous Law Bulletin.

‘Terrorism and Trial by Jury in Russia’ (forthcoming 2014) Vienna Journal of International Constitutional Law (with Svetlana Tyulkina).

‘Declarations of Incompatibility and the Criminal Law’ (2014) 43(1) Common Law World Review pp 62–84 (with David Mead).

‘Parliamentary Supremacy and the Re-Invigoration of Institutional Dialogue in the UK’ (2014) 67 (1) Parliamentary Affairs pp137–150

‘Academic Consensus and Legislative Definitions of Terrorism: applying Schmid and Jongman’ (2013) 34(3) Statute Law Review pp 239-261 (with Jessie Blackbourn and Natasha Taylor).

‘The Jury as a Political Institution in an Age of Counterterrorism’ (2013) 33(1), POLITICS pp 5-18.

‘Trial by Jury, Terrorism and Gangs: a comparative study of Ireland and New Zealand’ (2012) 1(2) November, Journal of Commonwealth Criminal Law pp 283-307.

‘The Human Rights Act and Juridification: saving democracy from law’ (2010) 30(2) POLITICS pp 91-7.

‘Controlling the executive in times of terrorism: competing perspectives on effective oversight mechanisms’ (2010) 30(1) Oxford Journal of Legal Studies pp 19-47 (with Fiona de Londras).

‘I Love Legal History: web 2.0 and the teaching of law’ (2010) Journal of Commonwealth Law & Legal Education pp 19-36 (with Ian Loasby).

‘Trial by jury: time for a re-evaluation’ (2007) 32 Alternative Law Journal pp 86-90.

‘Extra-constitutionalism, the Human Rights Act and the Labour “Rebels”: applying Prof. Tushnet’s theories in the UK’ [2006] 4

Non-refereed Articles

'Mandated victim participation: a criminal law response to the problem of domestic violence' (1999) 17 Irish Law Times, pp 39-41.

Book Reviews

Rene Prevost International Human Rights and Humanitarian Law, reviewed at (2004) British Yearbook of International Law 2003, pp 456-57.

Government Papers & Reports

Submission to COAG Review of Counter-Terrorism Legislation

Parliamentary Joint Committee on Intelligence and Security, Inquiry into Potential Reforms of National Security Legislation. Gave oral Evidence with Nicola McGarrity.;db=COMMITTEES;id=committees%2Fcommjnt%2F4df3cb6c-f4d2-40db-a27b-3c13628da892%2F0005;query=Id%3A%22committees%2Fcommjnt%2F4df3cb6c-f4d2-40db-a27b-3c13628da892%2F0000%22

Parliamentary Joint Committee on Intelligence and Security, Inquiry into Potential Reforms of National Security Legislation. Submitted written with Jessie Blackbourn, Jennifer Goh, Keiran Hardy, Nicola McGarrity  and George Williams.

Parliament of Australia Senate Standing Committee on Legal & Constitutional Affairs, Inquiry into the Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny)(Consequential Provisions) Bill 2010. Submitted written evidence.

Parliament of Australia Senate Standing Committee on Legal & Constitutional Affairs, Inquiry into the National Security Legislation Amendment Bill 2010 and Parliamentary Joint Committee on Law Enforcement Bill 2010, May 2010. Submitted written evidence.

Fyfe N and Sheptycki J "Facilitating witness co-operation in organised crime cases: and international review" (Home Office Online Report, 2005). Interviewed.

National Crime Forum (Government of Ireland, 1998). Submitted written & oral evidence. 


Research Papers

'Applying the principles of restorative justice to a post conflict situation in Northern Ireland' Centre for Criminal Justice Studies, Eleventh Annual Report 1998 - 99, (Leeds: 2000), pp 38-48.


Conference and Workshop Papers

‘The PJCHR and the counter-terrorism legislation amendment (foreign fighters) bill 2014 – a case study’. ANU Public Law Weekend (Canberra, Australia). October 2015.

‘Indigenous democratic participation or judicial review: what is the best way to protect Indigenous rights?’ University of Sydney Constitutional Law Symposium: Indigenous Constitutional Recognition and the Idea of an Indigenous Constitutional Body (Sydney, Australia). June 2015.

‘National security legislation – institutional design and ineffective oversight’. Attorney-General’s Department second Constitutional Law Symposium (Canberra, Australia). May 2015.

‘Cohesive Political Parties and The Human Rights (Parliamentary Scrutiny) Act 2011(Cth)’. Australian Political Studies Association, annual conference (Sydney, Australia). September 2014.

‘The Law and Politics of Trial by Jury in Australian Counter-Terrorism’. Crime Justice and Social Democracy Conference (Queensland, Australia). July 2013.

‘The Politics of Counterterrorism Judicial Review: creating effective parliamentary scrutiny’. Counter-Terrorism Judicial Review (Durham, UK). July 2013.

‘Counter-terrorism & trial by jury: absenting the jury in the State of Exception’. North South Criminology Conference (Cork, Ireland). July 2013.

'The Ongoing Threat of Terrorism and the Suspension of Criminal Justice Norms: Lessons from the Irish Free State'. The International Conference on the criminal Justice System: towards a systematic approach – Perspectives from Asia and the Pacific (Karachi, Pakistan). April, 2012.

'I saw two shooting stars last night”: wishing for constitutional reform of the UK Royal Prerogative'. Australian Political Studies Association, annual conference (Canberra Australia). September 2011.

'The declaration of incompatibility and a proposed retreat from juridification'. The Society of Legal Scholars, annual conference.  September 2010.

'The (im)pure theory of extra-constitutionalism: uniting Kelsen & Tushnet?' WG Hart Legal Workshop on 'Comparative Perspectives of Constitutions: theory & practice' (BIICL, London, UK).  June 2010.

'Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency'. Terrorism and Law Expert Roundtable at the University of New South Wales, Gilbert & Tobin Centre for Public Law (Sydney , Australia).  July 2009.

'In times of war the law should fall silent: states of emergency, human rights and the inadequacies of judicial review'. Reconsidering Conflict, Terror and Resolution Conference, at the University of Strathclyde Conflict and Resolution (SCAR) Centre (Glasgow, UK). September 2008.

'Trusting Judges in Times of Terror'. Society of Legal Scholars, annual conference. September 2008 (with Fiona de Londras).

'The use of wikis in the teaching of Legal History'. University of Sheffield Annual Learning & Teaching Conference. January 2008 (with Ian Loasby).

'The Restless Dominion, the Imperial Firm and the Statute of Westminster, 1931'. Australia and New Zealand Legal History Society, annual conference.  December 2006.

'International Terrorism & the International Criminal Court'. International Conference, Global Governance & the Search for Justice, University of Sheffield. April 2003.

'Internment Without Trial; Lessons to be learned from The United States, Northern Ireland & Israel'. Irish Association of Law Teachers annual conference. April 2002.


Invited Lectures and Presentations

‘An Indigenous Advisory Body in the Australian Constitution’. Cape York Indigenous Summit: Constitutional Recognition (Cairns, Australia). May 2015.

'Trial by Jury in Ireland and New Zealand in the state of exception'. Centre for Criminal Justice and Human Rights, Faculty of Law, University College Cork. December 2011.

'Trial by jury and the state of exception: lessons in anti-terrorism law and politics from Ireland and New Zealand'. Centre for Criminal Justice Studies, University of Leeds. December 2011.

'The Pure Theory of Extra-constitutionalism'. The Julius Stone Institute for Jurisprudence, University of Sydney. Staff Seminar Series. July 2009.

'The Irish Counter-Terrorism Experience'. Center for Transnational Legal Studies London, Georgetown Law. Invited lecture.  March 2009.

'The Statute of Westminster 1931 and the process of De-colonisation'. Centre for Contemporary British History, School of Advanced Study, University of London. Annual lecture series. February 2009.

'I Love Legal History: web 2.0 & teaching law'. Faculty of Law, Arts and Social Sciences, Strathclyde University. Staff Seminar Series. May 2008.

'Wikis & teaching social sciences'. University of Sheffield Management School. Staff Seminar Series. February 2008.

'The "Emergency" & the "War on Terror": Irish lessons in counter-terrorism'. Centre for Criminal Justice & Human Rights, University College Cork, Ireland. Invited lecture.  December 2007.

'The Special Criminal Court: Irish Lessons for Bush and Blair'. Centre for Criminal Justice Studies, University of Leeds. March 2007.

'The "Emergency" & the "War on Terror": Irish lessons for Howard, Bush & Blair'. Centre for Comparative Law, History and Governance, Macquarie University, Sydney, Australia. November 2006.

General Media

I contribute on a regular basis to a wide variety of media outlets in-print, online on TV and Radio.

I write an occasional column for the Australian Jewish News & contribute frequently to the Irish Echo (a newspaper with national distribution for the Irish community in Australia). In both of these columns I canvas issues of law, politics and human rights.


Selected Media Publications

‘Why Australia is obsessed with anti-terror laws’ The New Daily, 24 June 2015.

‘PM’s terrorism talk all rhetoric, no new vision’ The Age, February 24, 2015, p. 18.

‘A prayer in solidarity’ The Australian Jewish News, 24th October 2014.

‘Tell us why we need these new anti-terror laws’ The Drum, 23 September 2014.

‘Without a national security hero, Brandis's laws could go unscrutinised’ The Guardian, Comment is Free, 7 July 2014.

‘I used to believe I had the right to be a bigot. But reason prevailed’ The Guardian, Comment is Free,  31st March 2014.

'The repeal day I would like to see: trim our repressive, unused anti-terror laws' The Guardian, Comment is Free, 14 January 2014.  

'Improving checks and balances in the Queensland government' The Brisbane Times, 20 December 2013.

‘Explainer: what are double dissolutions and how do they work?’ The Conversation¸ 16 October 2013.  

‘Seanad abolition would not close the issue of bicameralism’ The Irish Times, 11 September 2013,  

‘Senates and sensibility: how best to reflect the people's will?’ The Guardian, Comment is Free, 11 September 2013,   

‘A smaller parliament and no upper house is not a good recipe for accountability’ The Irish Times, Thursday 29 August 2013.

‘One man’s freedom fighter… can we ever define terrorism?’ The Conversation¸8 January 2013.

‘Flagging home truths about the Good Friday Agreement’ The Irish Echo, Wednesday 23 January 2013.

‘Diaspora deserve vote in presidential polls to select who represents them’ The Irish Times, Tuesday 22 January 2013.

‘One man's freedom fighter... can we ever define terrorism?' The Conversation, Tuesday 8 January 2013.

‘Bill of rights lessons from the UK’ On Line Opinion, Monday 24 December 2012.

‘Presidnetial ballot could be all the Gathering the diaspora needs’ The Irish Echo, Wednesday 5 December 2012.

‘Big majority equals big headache for Newman’ The Brisbane Times, Wednesday 28 November 2012.

‘'Hey WA - don’t be seduced by successful secessions’ The Punch, Wednesday 28 November 2012.

‘1920’s Australia’s lesson for Gillard in the Asian Century’ The Punch, Saturday 3 November 2012.

‘There aren't many votes in supporting Hicks’ The Drum, Thursday 18 October 2012. (with Nicola McGarrity) 

‘Russia has already made Pussy Riot martyrs’ The Punch, Thursday 16 August 2012.

‘Lifting the veil on a court's injustice’ The National Times, Tuesday 27 March 2012.

‘Human rights bills fail in the hands of law’ The Drum Opinion, Thursday 22 March 2012.

‘Redefining the role of the monarchy’ The Drum Opinion, Friday 4 November 2011.

‘The failure of Australia's "Malaysia Solution" is a positive step for refugees’ The Guardian Comment is Free, Sunday 4 September 2011.

‘The jury and the social network’ On Line Opinion, Monday 20 June 2011.

‘Our chance to influence Australian law’ The Guardian Comment is Free, Wednesday 7 July 2010.

‘The 55% law can be repealed’ The Guardian Comment is Free, Monday 17 May 2010.

‘Give civil liberties back to the people’ The Guardian Comment is Free, Saturday 17 April 2010.

‘A royal constitutional problem’ The Guardian Comment is Free, Friday 19 February 2010.

‘Don't surrender civil liberties to lawyers’ The Guardian Comment is Free, Sunday 24 January 2010.

‘Islam4UK: What's in a name?’ The Guardian Comment is Free, Tuesday 12 January 2010.

‘Organised Crime: the new demon?’ The Guardian Comment is Free, Tuesday 14 July 2009.

‘Judiciously dropping the jury’ The Guardian Comment is Free, Tuesday 23 June 2009.

‘A curb on the war on terror’ The Jerusalem Report, 10 January 2005, p 46.

TV and Radio

Irish Radion Sydney, I am a regular guest on the show discussing issues of law and politics of interest to Sydney's Irish community.

The Project, Network Ten, Monday 13 January 2014, interviewed on 'Repeal Day'. (from 10.40)

Channel News Asia, Wednesday 22 May 2013, interviewed regarding the murder of Drummer Lee Rigby by Steve Lai for Channel News Asia.

Evenings, ABC News Radio and Radio Australia, Wednesday 10 April 2013, 'Tensions escalating in Northern Ireland as faith in peace process wanes' with Tracee Hutchison.

PM, ABC News Radio, Thursday 14 March 2013, 'States optimistic on High Court bikie judgment' with Rebecca Brice.

Mornings, ABC Tropical Queensland, Thursday 29 November 2012, discussing the difficultuies facing the Newman Government with Kim Kleidon.

Mornings, ABC News Radio, Monday 26 November 2012, discussing secession and the Catalan regional elections with Glen Bartholomew.

ABC News 24, 16 October 2012, discussing Scottish Indepdendence with Nick Grimm.

The Mike Parr Breakfast Show, BBC Radio Cumbria, Monday 10 May 2010, interview regarding the constitutional implications of a hung parliament.

BBC World Service, Friday 7 May 2010, interviewed regarding the UK electoral system and the constitutional implications of a hung parliament. 


'Debating the Special Criminal Court' Human Rights in Ireland, Thursday 15 April 2010 (with Vicky Conway).

'The Special Criminal Court - is this the lamp which shows that freedom lives?' Human Rights in Ireland, Tuesday 12 January 2010.


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