Fergal F Davis, Law, Lancaster University

Fergal F Davis worked in Law until February 2011.
This page is displayed as a record, please note that the information may be out of date.

Degree: BCL (NUI, Cork), MA (Criminal Justice)(Leeds), PhD (University of Dublin)

Current Teaching

Research Interests

Dr Fergal F Davis is interested in the maintenance and protection of civil liberties in times of emergency. He is particularly interested in theories of judicial review scepticism and the control of executive power through non-judicial means. To this end he has sought to apply the "extra-constitutionalism" thesis to the UK and other jurisdictions.

More broadly, Fergal is interested in legal history, jurisprudence, constitutionalism and the rule of law. His first book, The history & development of the Special Criminal Court, was the first comprehensive review of the Republic of Ireland\'s Special Criminal Court since Prof Mary Robinson published The Special Criminal Court in 1974. He has also explored the historical and constitutional significance of the Statute of Westminster 1931 and has presented that research in the UK and Australia.

Davis F, The history & development of the Special Criminal Court - 1921-2005 (Dublin: Four Courts Press, 2007).

Davis F, The Human Rights Act and Juridification: saving democracy from law" (2010) 30(2) POLITICS pp 91-7.

de Londras F & Davis F, "Controlling the executive in times of terrorism: competing perspectives on effective oversight mechanisms" (2010) 30(1) Oxford Journal of Legal Studies pp 19-47.

Davis F & I Loasby, " I Love Legal History: web 2.0 and the teaching of law" (2010) Journal of Commonwealth law & Legal Education, pp 19-36.

Davis F, "Trial by jury: time for a re-evaluation" (2007) 32 Alternative Law Journal, pp 86-90.

Davis F, "Extra-constitutionalism, the Human Rights Act and the Labour \'Rebels\': applying Prof. Tushnet\'s theories in the UK" [2006] 4 Web JCLI. http://webjcli.ncl.ac.uk/2006/issue4/davis4.html

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

Davis F, "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. http://www.leeds.ac.uk/law/ccjs/an_reps/11rep08.htm

Davis F, "Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency" in A Lynch, N McGarry & G Williams (eds) Counter-Terrorism & Beyond: the culture of law and justice after 9/11 (Oxford: Routledge-Cavendish, 2010).http://www.routledge.com/books/details/9780415571753/

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

Davis F, "International Human Rights and Humanitarian Law, by Rene Prevost" (2004) British Yearbook of International Law 2003, pp 456-57.

Interviewed about the constitutional implications of a "hung parliament" on The Mike Parr Breakfast Show, BBC Radio Cumbria , Monday 10 May 2010.

Interviewed about the UK electoral system and the constitutional implications of a "hung parliament" by the BBC World Service, Friday 7 May 2010.

Davis F, "A curb on the war on terror" The Jerusalem Report, 10 January 2005, p 46.

Gave written evidence to the 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. http://www.aph.gov.au/Senate/committee/legcon_ctte/human_rights_bills/submissions.htm

Interviewed for and cited in Fyfe N and Sheptycki J "Facilitating witness co-operation in organised crime cases: and international review" (Home Office Online Report, 2005). http://rds.homeoffice.gov.uk/rds/pdfs05/rdsolr2705.pdf

Gave written and oral evidence to the "National Crime Forum" (Dublin: Government of Ireland, 1998).

Davis F, "The declaration of incompatibility and a proposed retreat from juridification". Conference Paper. The Society of Legal Scholars, annual conference. September 2010.

Davis F, "The (im)pure theory of extra-constitutionalism: uniting Kelsen & Tushnet?". Conference Paper. WG Hart Legal Workshop on \'Comparative Perspectives of Constitutions: theory & practice\'. June 2010.

Davis F, "Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency". Invited Conference Paper, Terrorism and Law Expert Roundtable at the University of New South Wales, Gilbert & Tobin Centre for Public Law. July 2009.

Davis F, "The Pure Theory of Extra-constitutionalism". Invited Presentation, The Julius Stone Institute for Jurisprudence, University of Sydney. Staff Seminar Series. July 2009.

Davis F, "The Irish Counter-Terrorism Experience". Invited Guest Lecture, Center for Transnational Legal Studies London, Georgetown Law. March 2009.

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

Davis F, "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. September 2008.

Davis F & F de Londras, "Trusting Judges in Times of Terror". Conference paper. Society of Legal Scholars, annual conference. September 2008.

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

Davis F, "Wikis & teaching social sciences". Invited Lecture, University of Sheffield Management School. Staff Seminar Series. February 2008.

Davis F & I Loasby, "The use of wikis in the teaching of Legal History". University of Sheffield Annual Learning & Teaching Conference. January 2008.

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

Davis F, "The Special Criminal Court: Irish Lessons for Bush and Blair", Invited Lecture, the Centre for Criminal Justice Studies, University of Leeds. March 2007.

Davis F, "The Restless Dominion, the Imperial Firm and the Statute of Westminster, 1931". Australia and New Zealand Legal History Society annual conference, University of Tasmania. December 2006.

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

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

Davis F, "Internment Without Trial; Lessons to be learned from The United States, Northern Ireland & Israel". Irish Association of Law Teachers Annual Conference, Belfast. April 2002.

Potential Doctoral Proposals

Terrorism and the law; civil liberties in times of emergency; legal history; trial by jury; constitutional law; extra-constitutionalism.

Eprints Publications Repository and Bibliographic Database

de Londras, Fiona and Davis, Feargal (2010) Controlling the executive in times of terrorism : competing perspectives on effective oversight mechanisms. Oxford Journal of Legal Studies, 30 (1). pp. 19-47. ISSN Online ISSN 1464-3820 - Print ISSN 0143-6503

Davis, Feargal (2010) Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency. In: Counter-terrorism & beyond : the culture of law and justice after 9/11. Routledge-Cavendish, Oxford, pp. 219-237. ISBN 978-0-415-57175-3

Davis, Feargal and Loasby, Ian D. (2009) I Love Legal History : web 2.0 and the teaching of law. Journal of Commonwealth Law and Legal Education, 7 (1). pp. 19-36. ISSN 1750-662X

Davis, Feargal (2007) Trial by jury : time for a re-evaluation. Alternative Law Journal, 32. pp. 86-90. ISSN 1037-969X

Davis, Feargal (2006) International terrorism & the International Criminal Court. In: Global Governance & the Quest for Justice. Hart, Oxford, pp. 21-37. ISBN 1841134082

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Home About Undergraduate Postgraduate Staff Research Current Students News & Events Contact Us Information for: Alumni Business Media SEARCH using keywords/tags or full text search.	Dr Fergal F Davis Fergal F Davis worked in Law until February 2011. This page is displayed as a record, please note that the information may be out of date. Lecturer in Law Degree: BCL (NUI, Cork), MA (Criminal Justice)(Leeds), PhD (University of Dublin) Associated research centres and groups: Centre for Law and Society Personal website Current Teaching Law 102 Public Law Law 104 Criminal Law Law 307 Courts Law and Politics in Comparative Perspective Law 327 Jurisprudence Research Interests Dr Fergal F Davis is interested in the maintenance and protection of civil liberties in times of emergency. He is particularly interested in theories of judicial review scepticism and the control of executive power through non-judicial means. To this end he has sought to apply the "extra-constitutionalism" thesis to the UK and other jurisdictions. More broadly, Fergal is interested in legal history, jurisprudence, constitutionalism and the rule of law. His first book, The history & development of the Special Criminal Court, was the first comprehensive review of the Republic of Ireland\'s Special Criminal Court since Prof Mary Robinson published The Special Criminal Court in 1974. He has also explored the historical and constitutional significance of the Statute of Westminster 1931 and has presented that research in the UK and Australia. PUBLICATIONS Books Davis F, The history & development of the Special Criminal Court - 1921-2005 (Dublin: Four Courts Press, 2007). Articles Davis F, The Human Rights Act and Juridification: saving democracy from law" (2010) 30(2) POLITICS pp 91-7. de Londras F & Davis F, "Controlling the executive in times of terrorism: competing perspectives on effective oversight mechanisms" (2010) 30(1) Oxford Journal of Legal Studies pp 19-47. Davis F & I Loasby, " I Love Legal History: web 2.0 and the teaching of law" (2010) Journal of Commonwealth law & Legal Education, pp 19-36. Davis F, "Trial by jury: time for a re-evaluation" (2007) 32 Alternative Law Journal, pp 86-90. Davis F, "Extra-constitutionalism, the Human Rights Act and the Labour \'Rebels\': applying Prof. Tushnet\'s theories in the UK" [2006] 4 Web JCLI. http://webjcli.ncl.ac.uk/2006/issue4/davis4.html Davis F, "Mandated victim participation: a criminal law response to the problem of domestic violence" (1999) 17 Irish Law Times, pp 39-41. Davis F, "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. http://www.leeds.ac.uk/law/ccjs/an_reps/11rep08.htm Chapters in Edited Books Davis F, "Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency" in A Lynch, N McGarry & G Williams (eds) Counter-Terrorism & Beyond: the culture of law and justice after 9/11 (Oxford: Routledge-Cavendish, 2010).http://www.routledge.com/books/details/9780415571753/ Davis F, "International terrorism & the International Criminal Court" in Douglas Lewis (ed), Global Governance & the Quest for Justice: vol. 1, International Regional organisations (Oxford: Hart, 2005) pp 21-37. Reviews Davis F, "International Human Rights and Humanitarian Law, by Rene Prevost" (2004) British Yearbook of International Law 2003, pp 456-57. Popular Commentary Davis F, "Our chance to influence Australian law" The Guardian \'Comment is Free\', Wednesday 7 July 2010. http://www.guardian.co.uk/commentisfree/libertycentral/2010/jul/07/australia-human-rights-judicial-review Davis F, "The 55% law can be repealed" The Guardian \'Comment is Free\', Monday 17 May 2010. http://www.guardian.co.uk/commentisfree/2010/may/17/constitution-law-unwritten Interviewed about the constitutional implications of a "hung parliament" on The Mike Parr Breakfast Show, BBC Radio Cumbria , Monday 10 May 2010. Interviewed about the UK electoral system and the constitutional implications of a "hung parliament" by the BBC World Service, Friday 7 May 2010. Davis F, "Give civil liberties back to the people" The Guardian \'Comment is Free\', Saturday 17 April 2010. http://www.guardian.co.uk/commentisfree/libertycentral/2010/apr/17/civil-liberties-politicians Davis F & Conway V, "Debating the Special Criminal Court" Human Rights in Ireland, Thursday 15 April 2010. http://humanrightsinireland.wordpress.com/2010/04/15/debating-the-role-of-the-special-criminal-court/ Davis F, "A royal constitutional problem" The Guardian \'Comment is Free\', Friday 19 February 2010. http://www.guardian.co.uk/commentisfree/libertycentral/2010/feb/19/royal-constitutional-hung-parliament Davis F, "Don\'t surrender civil liberties to lawyers" The Guardian \'Comment is Free\', Sunday 24 January 2010. http://www.guardian.co.uk/commentisfree/libertycentral/2010/jan/24/civil-liberties-human-rights-act Davis F, "Islam4UK: What\'s in a name?" The Guardian \'Comment is Free\', Tuesday 12 January 2010. http://www.guardian.co.uk/commentisfree/libertycentral/2010/jan/12/islam4uk-proscription Davis F, "The Special Criminal Court - is this the lamp which shows that freedom lives?" Human Rights in Ireland, Tuesday 12 January 2010. http://humanrightsinireland.wordpress.com/2010/01/12/guest-contribution-davis-on-non-jury-trial/ Davis F, "Organised Crime: the new demon?" The Guardian \'Comment is Free\', Tuesday 14 July 2009. http://www.guardian.co.uk/commentisfree/libertycentral/2009/jul/14/organised-crime-terrorism-law Davis F, "Judiciously dropping the jury" The Guardian \'Comment is Free\', Tuesday 23 June 2009. http://www.guardian.co.uk/commentisfree/libertycentral/2009/jun/23/trial-by-jury Davis F, "A curb on the war on terror" The Jerusalem Report, 10 January 2005, p 46. Policy Submissions Gave written evidence to the 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. http://www.aph.gov.au/Senate/committee/legcon_ctte/human_rights_bills/submissions.htm Gave written evidence to the 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. http://www.aph.gov.au/senate/committee/legcon_ctte/National_Security_Legislation/submissions.htm Interviewed for and cited in Fyfe N and Sheptycki J "Facilitating witness co-operation in organised crime cases: and international review" (Home Office Online Report, 2005). http://rds.homeoffice.gov.uk/rds/pdfs05/rdsolr2705.pdf Gave written and oral evidence to the "National Crime Forum" (Dublin: Government of Ireland, 1998). CONFERENCE PRESENTATIONS & GUEST LECTURES Davis F, "The declaration of incompatibility and a proposed retreat from juridification". Conference Paper. The Society of Legal Scholars, annual conference. September 2010. Davis F, "The (im)pure theory of extra-constitutionalism: uniting Kelsen & Tushnet?". Conference Paper. WG Hart Legal Workshop on \'Comparative Perspectives of Constitutions: theory & practice\'. June 2010. Davis F, "Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency". Invited Conference Paper, Terrorism and Law Expert Roundtable at the University of New South Wales, Gilbert & Tobin Centre for Public Law. July 2009. Davis F, "The Pure Theory of Extra-constitutionalism". Invited Presentation, The Julius Stone Institute for Jurisprudence, University of Sydney. Staff Seminar Series. July 2009. Davis F, "The Irish Counter-Terrorism Experience". Invited Guest Lecture, Center for Transnational Legal Studies London, Georgetown Law. March 2009. Davis F, "The Statute of Westminster 1931 and the process of De-colonisation". Invited Guest Lecture, Centre for Contemporary British History, School of Advanced Study, University of London. Annual lecture series. February 2009. Davis F, "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. September 2008. Davis F & F de Londras, "Trusting Judges in Times of Terror". Conference paper. Society of Legal Scholars, annual conference. September 2008. Davis F, "I Love Legal History: web 2.0 & teaching law". Invited Lecture, Faculty of Law, Arts and Social Sciences, Strathclyde University. Staff Seminar Series. May 2008. Davis F, "Wikis & teaching social sciences". Invited Lecture, University of Sheffield Management School. Staff Seminar Series. February 2008. Davis F & I Loasby, "The use of wikis in the teaching of Legal History". University of Sheffield Annual Learning & Teaching Conference. January 2008. Davis F, "The \'Emergency\' & the \'War on Terror\': Irish lessons in counter-terrorism", Invited Lecture, Centre for Criminal Justice & Human Rights, University College Cork, Ireland. December 2007. Davis F, "The Special Criminal Court: Irish Lessons for Bush and Blair", Invited Lecture, the Centre for Criminal Justice Studies, University of Leeds. March 2007. Davis F, "The Restless Dominion, the Imperial Firm and the Statute of Westminster, 1931". Australia and New Zealand Legal History Society annual conference, University of Tasmania. December 2006. Davis F, "The \'Emergency\' & the \'War on Terror\': Irish lessons for Howard, Bush & Blair", Inaugural Lecture, Centre for Comparative Law, History and Governance, Macquarie University, Sydney, Australia. November 2006. Davis F, "International Terrorism & the International Criminal Court". International Conference, Global Governance & the Search for Justice, University of Sheffield. April 2003. Davis F, "Internment Without Trial; Lessons to be learned from The United States, Northern Ireland & Israel". Irish Association of Law Teachers Annual Conference, Belfast. April 2002. Potential Doctoral Proposals Terrorism and the law; civil liberties in times of emergency; legal history; trial by jury; constitutional law; extra-constitutionalism. Eprints Publications Repository and Bibliographic Database Fergal F Davis has 10 selected publication records listed on this webpage. Use links to access abstracts and full text where available. View all records to sort by date, type and title. For all ePrints records go to http://eprints.lancs.ac.uk de Londras, Fiona and Davis, Feargal (2010) Controlling the executive in times of terrorism : competing perspectives on effective oversight mechanisms. Oxford Journal of Legal Studies, 30 (1). pp. 19-47. ISSN Online ISSN 1464-3820 - Print ISSN 0143-6503 Davis, Feargal (2010) Extra-constitutionalism, Dr Mohammed Haneef and controlling executive power in times of emergency. In: Counter-terrorism & beyond : the culture of law and justice after 9/11. Routledge-Cavendish, Oxford, pp. 219-237. ISBN 978-0-415-57175-3 Davis, Feargal (2010) The Human Rights Act and Juridification : saving democracy from law. Politics, 30 (2). pp. 91-97. ISSN 0263-3957 Davis, Feargal and Loasby, Ian D. (2009) I Love Legal History : web 2.0 and the teaching of law. Journal of Commonwealth Law and Legal Education, 7 (1). pp. 19-36. ISSN 1750-662X Davis, Feargal (2007) The history & development of the Special Criminal Court - 1921-2005. Working Paper. Four Courts Press, Dublin. Davis, Feargal (2007) Trial by jury : time for a re-evaluation. Alternative Law Journal, 32. pp. 86-90. ISSN 1037-969X Davis, Feargal (2006) Extra-constitutionalism, the Human Rights Act and the Labour 'Rebels' : applying Prof. Tushnet's theories in the UK. Web Journal of Current Legal Issues (4). ISSN 1360-1326 Davis, Feargal (2006) International terrorism & the International Criminal Court. In: Global Governance & the Quest for Justice. Hart, Oxford, pp. 21-37. ISBN 1841134082 Davis, Fergal (2000) Applying the principles of restorative justice to a post conflict situation in Northern Ireland. Centre for Criminal Justice Studies, Eleventh Annual Report 1998-99. Davis, Fergal (1999) Mandated victim participation : a criminal law response to the problem of domestic violence. Irish Law Times, 17. pp. 39-41. ISSN 1649-4164 Associated Keywords: Civil liberties, Constitutional law, Criminal justice policy, Critical legal studies, Democracy, Law, Law and politics, Law and society, Legal history, Politics, Power, Terrorism View all research activities, ePrints, news and events associated with Fergal F Davis. «Back	View Staff Profiles Law Staff All Faculty Staff Search Faculty by Keyword
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Information for:

Dr Fergal F Davis

Current Teaching

Research Interests

Potential Doctoral Proposals

Eprints Publications Repository and Bibliographic Database

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