The Fifth Court14 Marras 2023

E49 The Fifth Court - Mr Justice Gerard Hogan of The Supreme Court discusses the seismic McGee v. The Attorney General [1973] decision.

E 49 The Fifth Court's interlocutors, Peter Leonard BL and Mark Tottenham BL have a fascinating discussion with Mr. Justice Gerald Hogan of the Supreme Court. This is required listening for anyone interested in Irish constitutional law.

Fifty years ago, the Supreme Court gave a seismic judgement on the 19th of December 1973 in the McGee v. The Attorney General 1973, a case concerning marital privacy. By a decision of 4 to 1, the court conferred upon spouses a broad right to privacy in marital affairs.

Mary McGee was a 27-year-old mother of four, including twins, at the time of the case. McGee's second and third pregnancies were complicated by severe cerebral thrombosis. Also during her pregnancies she suffered from a stroke and temporary paralysis. Her condition was such that she was advised by her physician that if she would become pregnant again her life would be endangered. She was then instructed to use a diaphragm and spermicidal jelly that was prescribed to her. However, section 17 of the Criminal Law Amendment Act 1935 prohibited the importation of these devices.The Supreme Court ruled by a 4 to 1 majority in favor of Mary McGee, after determining that married couples have the constitutional right to make private decisions on family planning.

Our hosts also discuss three cases taken from the Decisis.ie casebook.

These include;

A case where the Electricity Supply Board (ESB) claimed wrongful payments were made by Richmond Homes to 'ESB employees'.
A second case involving Digital Rights Ireland and claims of alleged revenge porn
A final case where a member of An Garda Síochána sought the disclosure of information that he felt might be defamatory of him.

Hosted on Acast. See acast.com/privacy for more information.

Tämä jakso on lisätty Podme-palveluun avoimen RSS-syötteen kautta eikä se ole Podmen omaa tuotantoa. Siksi jakso saattaa sisältää mainontaa.

Jaksot(164)

E152 The Fifth Court - Jimmy Wales, Wikipedia founder, on trust, AI and why the internet still needs rules

Episode 152 of The Fifth Court features a very special guest: Jimmy Wales, founder of WikipediaInterviewed by Mark Tottenham BL at Dalkey Book Festival.This is not just a tech-founder interview. It is...

1 Heinä 55min

E151 The Fifth Court - Peter Charleton Part 2: what judges really worry about

In Part 2 of our extended interview with retired Supreme Court judge Mr Justice Peter Charleton, Peter Leonard BL and Mark Tottenham BL continue a remarkable conversation about life at the Bar, life o...

23 Kesä 35min

E150 The Fifth Court - Mr Justice Peter Charleton: law, crime, music and the nature of evil

The Fifth Court marks Episode 150 with Part 1 of a wide-ranging conversation with recently retired Supreme Court judge, Peter Charleton.To mark Episode 150 of The Fifth Court, Peter Leonard BL and Mar...

18 Kesä 38min

E149 The Fifth Court - Bridget Hourican on Frank Callanan’s Joycean masterpiece

Bloomsday Special: The secret political life of James Joyce — and Frank Callanan’s final masterpieceWas James Joyce really apolitical?For decades, many scholars claimed Ireland's greatest writer stood...

9 Kesä 38min

E148 The Fifth Court - Peter Shanley SC -Barristers Direct, legal access & barristers as entrepreneurs

Episode 148, The Fifth CourtPeter Shanley SC on Barristers Direct, legal access and barristers becoming entrepreneursPeter Leonard BL and Mark Tottenham BL are joined by Peter Shanley SC, founder of B...

18 Touko 30min

E147 The Fifth Court - John O’Donnell SC on Law, Literature and Life

ON this episode of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by John O’Donnell SC — one of the Bar’s leading advocates… and one of Ireland’s most quietly brilliant writers. Th...

8 Touko 45min

E146 The Fifth Court - Your Reputation on Trial — And Why the Rules Are Changing - John Kerr

Your Reputation on Trial — And Why the Rules Are ChangingThis is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord ...

17 Huhti 39min

E145 The Fifth Court - Verona Murphy - From leaving home at 14 to Ceann Comhairle, Dáil Éireann

The "referee" of Irish politics: Verona Murphy on power, pressure and running the DáilWhat actually happens when you’re handed the whistle in Irish politics?On Episode 145 of The Fifth Court, hosts Pe...

8 Huhti 50min