Public Law and the Centrality of Courts
Liber Amicorum in Honour of Gerard Hogan
Public Law and the Centrality of Courts
Liber Amicorum in Honour of Gerard Hogan
Description
This book celebrates the life and legacy of one of Ireland's greatest ever jurists – Gerard Hogan.
Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law.
The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions.
Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.
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Table of Contents
1. Liber Amicorum Gerard Hogan, Graham Butler (Linnaeus University, Sweden) and Laura Cahillane (University of Limerick, Ireland)
Part I – Scholar, Barrister, Judge
2. A Portrait of the Jurist: A Biography of Gerard Hogan, Laura Cahillane (University of Limerick, Ireland) and Mark Coen (University College Dublin, Ireland)
3. From Scholar to Judge: Gerard Hogan and the Evolution of Constitutional Law, Oran Doyle (Trinity College Dublin, Ireland)
4. Irish Judicial Prosopography: It's Complicated, Donal O'Donnell (Supreme Court of Ireland)
Part II – Constitutional Law
5. The Logic and Limits of Constitutional Law, Donal Coffey (Maynooth University, Ireland)
6. Optimism, Progress and Constitutional Patriotism: A Critical Engagement with the Extra-judicial Writings of Gerard Hogan, Eoin Daly (University of Galway, Ireland)
7. Gerard Hogan: Radical on an Institutionalist Court, Tom Hickey (Dublin City University, Ireland)
8. Dignity's Uncertain Future, Christopher McCrudden (Queen's University Belfast, United Kingdom)
9. The Supreme Court of the United Kingdom: An Early History, Brice Dickson (Queen's University Belfast, United Kingdom)
10. Looking to the Stars and Hearing the Chords: The Constitutional Vision of Gerard Hogan, David Kenny (Trinity College Dublin, Ireland)
Part III – Separation of Powers
11. Gerard Hogan, the Separation of Powers, Eugene Regan (Court of Justice of the European Union, Luxembourg)
12. Courts, Separation of Powers, and Democracy, Juliane Kokott (Court of Justice of the European Union, Luxembourg)
13. Gerard Hogan and the Constitutional Centrality of the Oireachtas as a Lawmaker, Conor Casey (University of Surrey, United Kingdom)
14. Independent Institutions: Cinderella Will Go to the Ball, David Gwynn Morgan (University College Cork, Ireland)
15. Safeguarding the Role of Apex Courts Against the Twin Challenges of Legitimacy and Capture, Frank Clarke (Formerly Supreme Court of Ireland)
16. The Impact of the Constitutional Changes to Establish a Court of Appeal, Mary Finlay Geoghegan (Formerly Supreme Court of Ireland)
Part IV – Judicial Decision-making
17. Samson, the Strike-Down, and Suspended Declarations, Aileen Kavanagh (Trinity College Dublin, Ireland)
18. On Vagueness in Criminal Law, Paul McCutcheon (University of Limerick, Ireland)
19. Abstract Constitutional Review in National Constitutional Law and the EU Treaties, Graham Butler (Linnaeus University, Sweden)
20. Can the Courts of Ireland Review Decisions of the Court of Justice of the European Union?, Anthony M. Collins (Court of Appeal, Dublin, Ireland and Court of Justice of the European Union, Luxembourg)
21. Human Dignity and Human Rights, Paul McDermott (High Court, Dublin, Ireland)
22. Remoulding Administrative Law, Paul Daly (University of Ottawa, Quebec, Canada)
23. Protecting the Person of the Citizen and Personalist Theory, Gerry Whyte (Trinity College Dublin, Ireland)
Part V – Fundamental Rights and Constitutional Traditions
24. From Unenumerated to Derived Rights: Life Imitates Art?, Conor O'Mahony (University College Cork, Ireland)
25. Sounding the Tristan Chord: Liberating the Equality Principle from Constitutional Stagnation, Colm O'Cinneide (University College London, United Kingdom)
26. Property Rights and Proportionality in Gerard Hogan's Scholarship and Jurisprudence: A Retrospective, Rachael Walsh (Trinity College Dublin, Ireland)
27. Balancing Rights and Beliefs: Gerard Hogan on the Protection of Religious Freedom, Clare Moriarty and Antoine Masson (Court of Justice of the European Union, Luxembourg)
28. Ireland and the Acts of Union 1800, Nial Fennelly (Formerly Supreme Court of Ireland and Court of Justice of the European Union, Luxembourg)
Part VI – European Law
29. The Concept of Landmark Judgments of the Court of Justice of the European Union, Koen Lenaerts (Court of Justice of the European Union, Luxembourg and KU Leuven, Belgium) and Stanislas Adam (Court of Justice of the European Union, Luxembourg)
30. EU Law and References for Preliminary Rulings from Irish Courts: A 'Just Right' Goldilocks Standard?, Imelda Maher (University College Dublin, Ireland)
31. Strengthening the Rule of (International) Law through EU Law, Suzanne Kingston (Court of Justice of the European Union, Luxembourg and University College Dublin, Ireland)
32. The Role of Advocate General: Gerard Hogan at the Court of Justice of the European Union, Gráinne de Búrca (European University Institute, Italy and New York University, United States of America)
33. The Path Not Followed: Gerard Hogan at the Court of Justice of the European Union, Colm Mac Eochaidh (Court of Justice of the European Union, Luxembourg)
34. Judging the Mutation of National Security DNA in Europe, Deirdre Curtin and Ludivine Stewart (European University Institute, Italy)
35. Judicial Precedent and the Pursuit of Justice: Reflections on Gerard Hogan's Farewell Address to the Court of Justice of the European Union, Eileen Sheehan, Jonathan Wildemeersch, Antoine Masson, and Heike Dehmer (Court of Justice of the European Union, Luxembourg)
Product details
| Published | 01 Apr 2027 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 608 |
| ISBN | 9781509993482 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |

























