Fiona de Londras

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Fiona de Londras
NationalityIrish
OccupationBarber Professor of Jurisprudence
Known forAbortion reform in Ireland, governance of counter-terrorism
AwardsPhilip Leverhulme Prize 2017
Academic background
Alma mater University College Cork
Thesis Power, panic and the resilience of international human rights law : a study of habeas corpus in the 'war on terrorism'  (2008)
Institutions University of Birmingham Australian National University
Website fionadelondras.com

Fiona de Londras (born 1980) is an Irish academic and the Barber Professor of Jurisprudence at the University of Birmingham, UK. From 2019 to 2022, she was also an honorary professor at the Australian National University in Canberra.

Contents

Life

Early life and education

de Londras was born in Ireland in 1980. [1]

She studied law at University College Cork, pursuing studies to Ph.D level. [2]

Academic career

After obtaining her Ph.D, she became a lecturer at University College Dublin's School of Law in 2008. [2] From 2010 to 2012 she was a research fellow of the Hague Institute for the Internationalisation of Law. [3]

In 2012 de Londras moved to the University of Durham as a Professor of Law and the Co-Director of the Durham Human Rights Centre.

She moved to the University of Birmingham in 2015 as the inaugural Chair in Global Legal Studies at Birmingham Law School. [4] In 2024 she was announced as the Barber Professor of Jurisprudence at the University of Birmingham. She is the first woman to be appointed to this chair, recognising exceptional public lawyers, since its foundation in 1935. [5]

She became an honorary professor at the Australian National University in 2019. [6]

Visiting positions

de Londras has held (short-term) visiting positions at University of Peshawar (Pakistan), Emory Law School (Atlanta, GA), University of Minnesota, British Institute of International and Comparative Law (London), the Transitional Justice Institute (University of Ulster), Osgoode Hall Law School (York University, Toronto), and the University of Oxford (affiliated to Oxford Human Rights Hub, the OMS Human Rights for Future Generations Programme, and Lincoln College). [3]

In January 2015 she was Genest Global Visitor at Osgoode Hall Law School, as part of which she delivered the Pierre Genest Memorial Lecture. [4] In December 2017 she was the Cheng Chan Lan Yue Distinguished Visiting Fellow at the University of Hong Kong Faculty of Law.

Other roles

She was a member of the Law sub-panel for REF 2021.

Publication

de Londras has published dozens of articles and books on human rights and constitutional law in academic outlets, and also writes regularly in online and traditional media sources. [7]

Key books and articles include:

Recognition

In 2017 de Londras won the Philip Leverhulme Prize in law, which is awarded to those within ten years of their PhD whose work has already attracted international recognition and whose future career is exceptionally promising. [8]

Abortion law reform in Ireland

de Londras was a prominent advocate of abortion law reform in Ireland and played a significant role in the debates on the 36th Amendment to the Irish Constitution, which resulted in the repeal of the 8th Amendment on May 25, 2018. In 2015 de Londras was part of the group of ten feminist lawyers asked to draft ‘model legislation’ for access to abortion law for the Irish Labour Party. The group published their proposals as the General Scheme of Access to Abortion Bill 2015, [9] [10] which significantly influenced the proposals of the Labour Party itself. In 2018 de Londras published a book, Repealing the 8th: Reforming Irish Abortion Law (Policy Press) with Máiréad Enright in which they presented a revised model law, reflecting the recommendations of the Citizens’ Assembly. Key innovations in that draft include a proposal for trans inclusive language, the introduction of ‘buffer zones’ around clinics where abortion care is provided, and the inclusion of a provision for mandatory review of the operation of the statute three years after its enactment. The latter was included in the Health (Regulation of Termination of Pregnancy) Act 2018, and the Minister for Health Simon Harris committed to introducing buffer/exclusion zones around locations where abortion is provided.

Her work on abortion law reform in Ireland has been covered across international media including the Irish Independent, [11] the Conversation, [12] the Journal, [13] Newstalk, [14] the Oxford Human Rights Hub, [15] [16] BBC World News, CNN International, The Atlantic, Times (Ireland Edition), the Times, Dagsavisen, Politiken, and Hot Press.

Protection of Life During Pregnancy Act 2013

Under the 8th Amendment, de Londras was highly critical of the treatment of suicidal women under the Protection of Life During Pregnancy Act 2013. She argued that there was no legal justification for the additional burdens that women whose lives were at risk from suicide had to face in order to access abortion when compared to women whose lives were at risk from physical illness. [17] [18]

Oireachtas Committee on the 8th Amendment 2017

As well as criticising the Protection of Life During Pregnancy Act 2013, de Londras argued that the 8th Amendment was "unliveable" [19] and unworkable, [20] and characterised it as a "pre-emptive strike against women’s liberation". [21] Appearing before the Oireachtas Committee on the 8th Amendment [22] in September 2017, she argued "Constitutions should…enable the government to meet the needs of those it governs. Article 40.3.3 does not allow for a legislative structure that meets the needs of the thousands of women in Ireland who every year access abortion outside of the healthcare structures in this state". [23] During her appearance before the Committee she was confronted by Senator Ronán Mullen who said she appeared to be incapable of using the term "unborn", and accused her of presenting advocacy rather than informed opinion. In response she said she was "agnostic" about what term was used. "Foetal life, unborn life, prenatal life, I’m happy to use any of those...I don’t have any problem with using a different word." [24]

Referendum Campaign 2018

During the referendum on repeal of the 8th Amendment de Londras played a prominent role in explaining the proposed changes to the law. With Máiréad Enright she founded the website www.aboutthe8th.com which provided questions and answers on the referendum "without argument". The website also had a Twitter and Facebook presence, and in partnership with Lawyers for Choice produced and distributed more than 10,000 leaflets [25] explaining the legal implications of repeal and the Government’s proposed new legislation. The Centre for Disability Law and Policy at NUI Galway produced an easy read version of the booklet. Her role in the referendum campaign was acknowledged by Minister for Health Simon Harris, Minister for Culture Josepha Madigan, and Kate O’Connell TD in the Dáil. [26]

Other areas of research

Judicial activism and innovation

de Londras is a prominent voice in the debate on the appropriate role of the judiciary within what she calls the ‘constitutionalist ecosystem’. [27] In the context of Irish constitutional law, she argues that the meaning of constitutional provisions is rarely static or self-evident, so that the task of constitutional interpretation is shared across different branches of government (and, thus, essentially collaborative). However even within that collaborative task, she argued that superior courts have a significant role and can and should be innovative (or what some might call ‘activist’). She lodges this argument in the claim that constitutional governance must constantly address new and emerging issues, so that any system of governance that has a constitutionalist orientation is constantly faced with the task of establishing and assessing the constitutionality of new responses to old and emergent challenges. As a result, she argues that innovative constitutional interpretation is necessary so that the boundaries and limits of constitutionally permissible action can be identified in the face of new and different forms of government activity and governance. This argument was most significantly made out in “In Defence of Judicial Innovation and Constitutional Evolution” in Laura Cahillane, James Gallen & Tom Hickey, Judges, Politics and the Irish Constitution (Manchester University Press, 2016), which Judge Richard Humphreys described as “the best piece in a very good book” in his review of the collection. [28]

Writing in the context of the European Convention on Human Rights de Londras has made a similar argument around judicial innovation and the evolution of the Convention, arguing that the Court should focus on constitutionalist evolution (over individual justice) [29] and that in doing so the judges of the Court exercise significant self-restraint. [30] She has written for a reorientation of the business of the Court away from dealing with large numbers of individual complaints and towards prioritising constitutionalist cases, arguing that non-execution, non-compliance, and persistent rights abuses in areas of legal clarity are a political failure that cannot be addressed by the Court per se but rather require the concerted activity of member states of the ECHR. To this end, she has argued that the infringement procedures under Article 46(4) of the Convention are unlikely to be effective. [31] Her work on the ECHR has been cited by the Court and the PACE, and in 2018 she published Great Debates on the ECHR with Kanstantsin Dzehtsiarou, her first book on the European Convention on Human Rights.

Counter-terrorism

de Londras is well known for her work on counter-terrorism, constitutionalism, human rights, and the law.

In the context of counter-terrorism law de Londras is known for her argument that judicial oversight is both welcome and effective in attempting to limit effectively the security excesses of government and parliament. In her first major book, Detention in the ‘War on Terror’ (Cambridge University Press, 2011), she argued that in times of terrorism both government and populist urges are in favour of the introduction of measures that tend to be repressive of human rights, but that domestic courts are increasingly pushing back against these measures in order to try to ensure interferences with rights are proportionate. She subsequently defended judicial oversight of counter-terrorism as a necessary counter-weight to political excesses. [32] [33]

In recent years her work has turned more to the governance of counter-terrorism and focused less on the substantive provisions in counter-terrorism law. She ran a major EU-funded project called SECILE to assess the scale of EU counter-terrorism and to analyse the extent to which it might be said to be legitimate, effective and impactful. This resulted in the publication of The Impact, Legitimacy and Effectiveness of EU Counter-Terrorism (Routledge, 2015), co-edited with Josephine Doody. Building on this work de Londras has argued consistently that the processes of making and reviewing EU counter-terrorism law are inadequate and require substantial revision.

In 2017 she was awarded a grant by the Joseph Rowntree Charitable Trust to lead an 18-month project on counter-terrorism review in the UK Archived 20 June 2018 at the Wayback Machine , expanding this governance concern into the domestic realm. [34] This project resulted in a new book, with Jessie Blackbourn (Durham) and Lydia Morgan (Birmingham), entitled Accountability and Review in the Counter-Terrorist State, published in 2019 by Bristol University Press. In 2022 she published the first comprehensive account of international counter-terrorism law and practice in The Practice and Problems of Transnational Counter-Terrorism (CUP).

Related Research Articles

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Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.

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References

  1. ↑ "de Londras, Fiona (262871879)". viaf.org. Retrieved 12 May 2023.
  2. 1 2 University College Dublin Research Profile
  3. 1 2 "Fiona de Londras". The Conversation. 6 November 2013. Retrieved 12 May 2023.
  4. 1 2 "Professor Fiona de Londras". birmingham.ac.uk.
  5. ↑ "Professor Fiona de Londras appointed to the Barber Chair of Jurisprudence". University of Birmingham. Retrieved 11 February 2024.
  6. ↑ "Professor Fiona de Londras". ANU College of Law. Retrieved 12 May 2023.
  7. ↑ Professor de Londras Publications
  8. ↑ "Philip Leverhulme Prize Winners 2017" (PDF). Archived from the original (PDF) on 1 December 2017. Retrieved 22 November 2017.
  9. ↑ de Londras, Fiona, et al., 'General Scheme of Access to Abortion Bill 2015', Feminists@Law, 5(1), 2015
  10. ↑ de Londras, Fiona, et al., 'Abortion Law Reform in Ireland: A Model for Change', Feminists@Law, 5(1), 2015
  11. ↑ No justification forexcluding suicidal women from new abortion legislation
  12. ↑ "Time for constitutional change on abortion in Ireland". The Conversation . 18 August 2014. Archived from the original on 31 March 2023.
  13. ↑ Abortion legislation can’t open the floodgates – no matter what some TDs say
  14. ↑ "Opinion: Little will be gained if Citizens Assembly turns into a microcosm of broader abortion debate". Archived from the original on 23 June 2016. Retrieved 1 July 2016.
  15. ↑ Abortion Law in Ireland: A Model for Change
  16. ↑ Ireland’s Abortion Ban: Subjecting Women to Suffering and Discrimination
  17. ↑ Fiona De Londras: No justification for excluding suicidal women from new abortion legislation
  18. ↑ de Londras, Fiona, 'Suicide and Abortion: Analysing the Legislative Options in Ireland', SSRN, February 24 2013
  19. ↑ Fiona de Londras, 'Constitutionalizing Fetal Rights: A Salutary Tale from Ireland', Michigan Journal of Gender and the Law, 2015, 22(2), 243-289
  20. ↑ de Londras, Fiona, and Enright, Máiréad, Empty without and empty within': the Unworkability of the Eighth Amendment after Savita Halappanavar and Miss Y'
  21. ↑ Women’s Podcast: Reflecting on the campaign, on Referendum Eve, May 24 2018
  22. ↑ "Eighth Amendment of the Constitution". Houses of the Oireachtas. Archived from the original on 3 June 2018. Retrieved 11 July 2018.
  23. ↑ "Opening Statement of Professor Fiona de Londras, Joint Committee on the 8th Amendment to the Constitution, 27 September 2017" (PDF). Archived from the original (PDF) on 28 June 2018. Retrieved 19 June 2018.
  24. ↑ Abortion on demand would not follow repeal of Eighth Amendment, September 27 2017
  25. ↑ The Legal Effects of the May 25th Referendum: A Plain English Guide
  26. ↑ Díospóireachtaí na Dála Referendum of 25 May: Statements
  27. ↑ Londras, Fiona, 'In Defence of Judicial Innovation and Constitutional Evolution', SSRN, July 15 2015
  28. ↑ Judges, Politics and the Irish Constitution: Who decides our guiding principles? April 29 2017
  29. ↑ de Londras, Fiona, 'Dual functionality and the persistent frailty of the European court of human rights', European human rights law review, 2013, (1), 38-46.
  30. ↑ de Londras, Fiona, & Dzehtsiarou, Kanstantsin, 'Managing Judicial Innovation in the European Court of Human Rights', Human Rights Law Review, 2015, 15(3), 523–547
  31. ↑ de Londras, Fiona, & Dzehtsiarou, Kanstantsin, 'Mission Impossible? Addressing Non-Execution Through Infringement Proceedings in the European Court of Human Rights', International and Comparative Law Quarterly, 2017, 66(2), 467-490
  32. ↑ de Londras, Fiona, and Davis, Fergal F. (eds), Critical Debates on Counter-Terrorism Judicial Review (Cambridge University Press, 2016)
  33. ↑ de Londras, Fiona, and Davis, Fergal F., 'Controlling the Executive in Times of Terrorism: Competing Perspectives on Effective Oversight Mechanisms', Oxford Journal of Legal Studies, 2010, 30(1), 19–47
  34. ↑ Professor Fiona de Londras awarded a Joseph Rowntree Charitable Trust grant
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