The Faculty of Law was delighted to welcome Mr Justice Gerard Hogan of the High Court of Ireland on Friday 1st February 2013. Justice Hogan’s lecture was entitled “Declarations of incompatibility, inapplicability and invalidity: rights, remedies and the aftermath” and spanned an impressive array of jurisdictions including Ireland, the UK, Germany, the US and the EU. The lecture was followed by a lively questions and answers session which focused in particular on the role of consequences in judicial reasoning. Justice Hogan offered the judge’s perspective on when legislation should be nullified and when judges should use alternative ways of remedying a constitutional violation falling short of the ‘nuclear option’ of immediate nullification.
Mr Justice Gerard Hogan was called to the Bar in 1984 and was nominated to the High Court in 2010. Justice Hogan is both a scholar and judge. He was a distinguished academic at Trinity College Dublin specializing in constitutional and administrative law. He is co-author of the leading textbooks in both of those subjects, including J.M.Kelly: The Irish Constitution now in its 4th edition. This provides an Oxford link since John Kelly was a Fellow (later Honorary Fellow) at Trinity College, Oxford and Kelly’s monumental work on the Irish Constitution began life as an Oxford DPhil thesis. Mr Justice Hogan carries on this tradition of scholarship.