Public Law and the Centrality of Courts: Liber Amicorum in Honour of Gerard Hogan
Edited by Professor Graham Butler, Full Professor of Law, Linnaeus University, Sweden and Professor Laura Cahillane, University of Limerick, Ireland.
Hart Publishing/Bloomsbury, Oxford, 2027.
ISBN (Print): 9781509993468 (978-1-50999-346-8). ISBN (Electronic): 9781509993475 (978-1-50999-347-5), 9781509993482 (978-1-50999-348-2).
About:
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.
Outline Table of Contents:
Foreword
Mary McAleese
1. Liber Amicorum Gerard Hogan
Graham Butler and Laura Cahillane
Part I – Scholar, Barrister, Judge
2. A Portrait of the Jurist: A Biography of Gerard Hogan
Laura Cahillane and Mark Coen
3. From Scholar to Judge: Gerard Hogan and the Evolution of Constitutional Law
Oran Doyle
4. Irish Judicial Prosopography: It's Complicated
Donal O'Donnell
Part II – Constitutional Law
5. The Logic and Limits of Constitutional Law
Donal Coffey
6. Optimism, Progress and Constitutional Patriotism: A Critical Engagement with the Extra-judicial Writings of Gerard Hogan
Eoin Daly
7. Gerard Hogan: Radical on an Institutionalist Court
Tom Hickey
8. Dignity's Uncertain Future
Christopher McCrudden
9. The Supreme Court of the United Kingdom: An Early History
Brice Dickson
10. Looking to the Stars and Hearing the Chords: The Constitutional Vision of Gerard Hogan
David Kenny
Part III – Separation of Powers
11. Gerard Hogan, the Separation of Powers
Eugene Regan
12. Courts, Separation of Powers, and Democracy
Juliane Kokott
13. Gerard Hogan and the Constitutional Centrality of the Oireachtas as a Lawmaker
Conor Casey
14. Independent Institutions: Cinderella Will Go to the Ball
David Gwynn Morgan
15. Safeguarding the Role of Apex Courts Against the Twin Challenges of Legitimacy and Capture
Frank Clarke
16. The Impact of the Constitutional Changes to Establish a Court of Appeal
Mary Finlay Geoghegan
Part IV – Judicial Decision-making
17. Samson, the Strike-Down, and Suspended Declarations
Aileen Kavanagh
18. On Vagueness in Criminal Law
Paul McCutcheon
19. Abstract Constitutional Review in National Constitutional Law and the EU Treaties
Graham Butler
20. Can the Courts of Ireland Review Decisions of the Court of Justice of the European Union?
Anthony M. Collins
21. Human Dignity and Human Rights
Paul McDermott
22. Remoulding Administrative Law
Paul Daly
23. Protecting the Person of the Citizen and Personalist Theory
Gerry Whyte
Part V – Fundamental Rights and Constitutional Traditions
24. From Unenumerated to Derived Rights: Life Imitates Art?
Conor O'Mahony
25. Sounding the Tristan Chord: Liberating the Equality Principle from Constitutional Stagnation
Colm O'Cinneide
26. Property Rights and Proportionality in Gerard Hogan's Scholarship and Jurisprudence: A Retrospective
Rachael Walsh
27. Balancing Rights and Beliefs: Gerard Hogan on the Protection of Religious Freedom
Clare Moriarty and Antoine Masson
28. Ireland and the Acts of Union 1800
Nial Fennelly
Part VI – European Law
29. The Concept of Landmark Judgments of the Court of Justice of the European Union
Koen Lenaerts and Stanislas Adam
30. EU Law and References for Preliminary Rulings from Irish Courts: A 'Just Right' Goldilocks Standard?
Imelda Maher
31. Strengthening the Rule of (International) Law through EU Law
Suzanne Kingston
32. The Role of Advocate General: Gerard Hogan at the Court of Justice of the European Union
Gráinne de Búrca
33. The Path Not Followed: Gerard Hogan at the Court of Justice of the European Union
Colm Mac Eochaidh
34. Judging the Mutation of National Security DNA in Europe
Deirdre Curtin and Ludivine Stewart
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
Editors:
Graham Butler, Full Professor of Law, Linnaeus University, Sweden.
Laura Cahillane, Professor of Law, University of Limerick, Ireland.
Contributing Authors:
Stanislas Adam, Référendaire, Cabinet of President Koen Lenaerts, Court of Justice, Court of Justice of the European Union, Luxembourg.
Graham Butler, Full Professor of Law, Linnaeus University, Sweden.
Laura Cahillane, Professor of Law, University of Limerick, Ireland.
Conor Casey, Senior Lecturer in Public Law and Legal Theory, School of Law, University of Surrey, United Kingdom.
Frank Clarke, Former Chief Justice of Ireland, Supreme Court of Ireland, Dublin, Ireland; Member, Article 255 TFEU Panel; President, Law Reform Commission, Dublin, Ireland.
Mark Coen, Associate Professor of Law, University College Dublin, Ireland.
Donal K Coffey, Assistant Professor of Law, Maynooth University, Ireland; Affiliate Researcher, Max Planck Institute for Legal History and Legal Theory, Frankfurt am Main, Germany.
Anthony M Collins, Judge, Court of Appeal, Dublin, Ireland; former Advocate General, Court of Justice, Court of Justice of the European Union, Luxembourg.
Deirdre Curtin, Professor of Law, European University Institute, Florence, Italy.
Eoin Daly, Lecturer in Law, University of Galway, Ireland.
Paul Daly, Professor of Administrative Law, University of Ottawa, Quebec, Canada.
Heike Dehmer,Former Référendaire, Cabinet of Advocate General Gerard Hogan, Court of Justice, Court of Justice of the European Union, Luxembourg.
Gráinne de Búrca, Professor of Law, European University Institute, Florence, Italy; Florence Ellinwood Allen Professor of Law, New York University, United States of America.
Brice Dickson, Emeritus Professor of Law, Queen’s University Belfast, United Kingdom.
Oran Doyle, Professor of Constitutional Law, Trinity College, University of Dublin, Ireland, Research Professor, Academia Sinica Taiwan.
Mary Finlay Geoghegan, Former Judge, Supreme Court of Ireland, Dublin, Ireland.
Nial Fennelly, Former Judge, Supreme Court of Ireland, Dublin, Ireland; former Advocate General, Court of Justice of the European Union, Luxembourg.
David Gwynn Morgan, Emeritus Professor of Law, University College Cork, Ireland.
Tom Hickey, Associate Professor of Law, School of Law and Government, Dublin City University, Ireland.
Aileen Kavanagh, Professor of Constitutional Governance, and Director, Trinity Centre for Constitutional Governance, Trinity College, University of Dublin, Ireland.
David Kenny, Professor in Law and Fellow, Trinity College, University of Dublin, Ireland.
Suzanne Kingston, Judge, General Court, Court of Justice of the European Union, Luxembourg; Professor of Law, University College Dublin, Ireland.
Koen Lenaerts, President and Judge, Court of Justice, Court of Justice of the European Union, Luxembourg; Professor of European Union Law, KU Leuven, Belgium.
Juliane Kokott, Advocate General, Court of Justice, Court of Justice of the European Union, Luxembourg.
Colm Mac Eodhaidh, Judge, General Court, Court of Justice of the European Union, Luxembourg; former Judge, High Court, Dublin, Ireland.
Imelda Maher, Sutherland Full Professor of European Law, University College Dublin, Ireland.
Antoine Masson, Référendaire, Cabinet of Judge Eugene Regan, Court of Justice, Court of Justice of the European Union, Luxembourg; former Référendaire, Cabinet of Advocate General Gerard Hogan, Court of Justice, Court of Justice of the European Union, Luxembourg.
Mary McAleese, Chancellor, Trinity College, University of Dublin, Ireland; former President of Ireland, Áras an Uachtaráin, Dublin, Ireland.
Paul McDermott, Judge, High Court, Dublin, Ireland.
Christopher McCrudden, Emeritus Professor of Human Rights and Equality Law, Queen’s University Belfast, United Kingdom; L. Bates Lea Global Professor of Law, University of Michigan, Ann Arbor, Michigan, United States of America.
Paul McCutcheon, Professor of Law, University of Limerick, Ireland.
Clare Moriarty, Référendaire, Cabinet of Judge Eugene Regan, Court of Justice, Court of Justice of the European Union, Luxembourg.
Colm Ó Cinnéide, Professor of Human Rights Law, University College London, United Kingdom.
Donal O’Donnell, Chief Justice of Ireland, Supreme Court of Ireland, Dublin, Ireland; President of the Network of Presidents of the Supreme Judicial Courts of the European Union.
Conor O’Mahony, Dean and Professor of Law, University College Cork, Ireland; Member of the Council of State, Dublin, Ireland.
Eugene Regan, Judge, Court of Justice, Court of Justice of the European Union, Luxembourg.
Eileen Sheehan, Référendaire, Cabinet of Advocate General Rimvydas Norkus, Court of Justice, Court of Justice of the European Union, Luxembourg; former Référendaire, Cabinet of Advocate General Gerard Hogan, Court of Justice, Court of Justice of the European Union, Luxembourg.
Ludivine Stewart, Doctoral Fellow, European University Institute, Florence, Italy.
Rachael Walsh, Professor in Law and Fellow, Trinity College, University of Dublin, Ireland.
Gerry Whyte, Professor in Law and Fellow, Trinity College, University of Dublin, Ireland.
Jonathan Wildemeersch, Référendaire, Cabinet of Küllike Jürimäe, Court of Justice, Court of Justice of the European Union, Luxembourg; former Référendaire, Cabinet of Advocate General Gerard Hogan, Court of Justice, Court of Justice of the European Union, Luxembourg.
Published in Spring 2027.
Order the hardback version at Hart Publishing/Bloomsbury here.
Citation:
Butler, G, Cahillane, L (eds) 2027, Public Law and the Centrality of Courts: Liber Amicorum in Honour of Gerard Hogan, Hart Publishing/Bloomsbury: Oxford.
