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Prisoner enfranchisement remains one of the few contested electoral issues in twenty first century democracies. It is at the intersection of punishment and representative government. This book is the first comprehensive study of prisoners and the franchise in any jurisdiction. In a democratic polity, the deliberate denial of the right to vote to any section of the population has very serious implications, both symbolic, in terms of devaluing citizenship, and practical, in terms of affecting electoral outcomes. Conversely, the extension of the franchise is similarly emblematic of a political system’s priorities and emphases. The debate about prisoner enfranchisement is significant because it gives us some insights into the objectives of imprisonment, society’s conflicted attitude towards prisoners, the nature of democracy and the concept of citizenship. This book begins by considering the case for and against prisoner enfranchisement and then goes on to examine the jurisprudence in various jurisdictions where it has been a matter of legal and political controversy. Using the Republic of Ireland as a case study, this book analyses the experience of prisoner enfranchisement and locates it in an international context. It argues that the legal position concerning the voting rights of the imprisoned reveals wider historical, political and social influences in the treatment of those confined in penal institutions.

This is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. It analyses the transition in Ireland from a sanctioning, ‘command and control’ model of corporate enforcement to the compliance-orientated, responsive regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a responsive enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort.

Freedom of information (FOI) is important because it aims to makes government open, transparent and accountable. FOI legislation is based on the premise that people have the right of access to public documents, save for certain exemptions. The philosophy behind such legislation is that citizens have a ‘right to know’ how and why decisions are made by government in their name. In that context it could be argued that FOI legislation also has the potential to lead to more accountable government, less corruption and better democratic outcomes for states. This book traces Ireland’s experience of FOI legislation, from the first FOI Act in 1997, to the amendments that significantly constrained its provisions in 2003, to the proposed new revisions that will come into operation in 2013. Following from that, it looks at the operation and use of FOI from a series of perspectives: from a governmental perspective, taking views from public officials and politicians, in government and in opposition; from a state perspective, looking at the legal balancing act between keeping secrets and keeping government accountable; from a journalist perspective on the use and misuse of FOI; and from a citizen’s perspective, using FOI to develop active citizenship and engagement. Finally, taking all of these views into account, the book assesses the extent to which FOI has contributed to, and may continue to contribute to, political reform.

For the uninitiated, the Irish District Court is a place of incomprehensible, organised chaos. This detailed account of the court’s criminal proceedings, based on an original study that involved observing hundreds of cases, aims to demystify the mayhem and provide the reader with descriptions of language, participant discourse and procedure in criminal cases. The book also captures an important change in the District Court: the advent of the immigrant or the Limited-English-proficient (LEP) defendant. It traces the rise of these defendants and explores the issues involved in ensuring access to justice across languages. It also provides an original description of LEP defendants and interpreters in District Court proceedings, ultimately considering how they have altered the District Court as an institution and how the characteristics of the District Court affect the ability of limited English proficient defendants to access justice at this level of the Irish courts system.

This book is the first history of juvenile justice in Ireland. Utilising a ‘governmentality’ framework, it charts the emergence of juvenile justice from the beginning of the nineteenth century to the present. It unearths the underlying rationalities, technologies and forms of identity that are employed to govern the child and young person within the modern Irish juvenile justice system. In Ireland, the state was to a large extent absent from the practicalities of regulating children for most of the twentieth century, abdicating its responsibilities to religious and voluntary organisations. Also, for almost a century there was little in the way of legislative or policy development in this area. With this in mind, it makes little sense to concentrate primarily on the state in order to explain how we arrived at the youth justice system. By utilising a governmentality approach the book takes the focus away from an analysis of the ‘state’ and concentrates on an analysis of the ‘problematics’ of government. The book charts the changing mentalities or lines of government in a wide range of documents, including reports of inspectors of reformatory and industrial schools, reports from prison authorities, police reports, reports of commissions of inquiry, reports from lobbyists, individual testimonies, academic studies, policy or strategy documents, management guidelines and training and practice manuals.