Tom Hickey
@TomHickeyDCU
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Constitutional law and theory. Dublin City University. Owner of a left foot described as "cultured" in the Roscommon People, October 2006
Dublin, Ireland
Joined June 2011
My latest article, forthcoming in the Oxford Journal of Legal Studies.
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In 2021, the Irish Supreme Court split 4-3 in Tomasz Zalewski v WRC, with O'Donnell J's majority judgment transforming Irish public law in respect of the judicial power. I have a 16-page note on the case f'coming in the Modern Law Review. See below for link & five main points:
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The "Legal Educator of the Year" - the outstanding Aisling de Paor of @LawGovDCU #IrishLawAwards2023
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My article "Legitimacy - not justice - and the case for judicial review" is now published and available open access in the Oxford Journal of Legal Studies. (I'm not permitted to share the open access link on social media but am happy to do so by email).
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In the latest Irish Supreme Court Review, I have an article addressing the question as to "How to Argue a Rights Case in Irish Constitutional Law?" . And the short answer is: "Not like Gemma O'Doherty and John Waters." 1/6
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Among the 2022 awardees of the @IrishResearch Government of Ireland Postgraduate Scholarship, announced this morning, is one @davy_lalor - whose research explores remedies in constitutional law. A graduate of the BCL in Oxford & DCU: he's a special talent and a top class guy.
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We haven't had a good religious liberty case in this country since Quinn's Supermarket v Attorney General [1972]. Bring it, DG. Bring it, in the name of the freshening up of my constitutional law class.
Declan Ganley has taken a High Court challenge over the state's Covid restrictions preventing masses being held. Ganley is claiming the regulation brought in is unconstitutional.
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Yesterday, before the Oireachtas Committee on Assisted Dying, I argued that the Oireachtas DOES have authority to legislate on this matter. I suggested that whatever policy choices that legislation were to adopt, the Courts would extend considerable deference to those choices.
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The Irish Supreme Court has begun to develop a distinctive philosophy of constitutional interpretation. In this series, I explore Donal O'Donnell J's 'shoebox' theory of Art 41 rights - as articulated in Gorry v Minister for Justice [2020]. via @YouTube.
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My political constitutionalist case for judicial review came out this morning in Int' J' of Constitutional Law. @rpbellamy1 articulates his objections to the case in the same issue.
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DCU are offering PhD scholarships of €16,500 per year for four years, plus fees. I'm interested in supervising/discussing projects on judicial power; courts & parliament; constitutional law & theory. Email tom.hickey@dcu.ie .
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There are many reasons for the poor quality of debate around the #CareRef & #FamilyRef. But one is that people feel that the meaning of phrases in the Constitution should always be crystal clear. This is understandable, but it is also to misunderstand constitutions 1/9
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Mr. Justice Donal O'Donnell will launch Doyle & Hickey, "Constitutional Law: Texts, Cases & Materials" in TCD this Wednesday evening from 6. Drinks afterwards in The Ginger Man. Join us.
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My article, "Reading TD Down," was cited by Hogan J in yesterday's Supreme Court ruling in MMcD. I was chuffed, partly because I was cited. But also because the article makes an overlooked point about TD v Minister for Education, that "landmark" on socio-economic rights. 1/6
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My letter in today's @IrishTimesOpEd on the family and care amendments. ● Who will get to determine what counts as a "family" in the first instance?.● And in the event of a court challenge, how might judges go about interpreting the legal concept of "durable relationships?"
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Going on Morning Ireland in a minute to talk about the Art 26 Reference on the Judicial Appointments Bill. I'll be making a prediction. 😉
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In the lovely Seamus Heaney Theatre, DCU St Pat's Campus, with my friend @aislingdepaor - enjoying Judge Síofra O'Leary's paper, having enjoyed Judge Iseult O'Malley's, and looking forward to @colmocinneide's and @rodericogorman's. #Ireland&Strasbourg
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"Two arguments for 'Yes' on May 25th" .(one moral, one technical). My piece in today's @RoscommonPeople. Maybe easier to read here: #Repealthe8th
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Of the #CitizensAssembly recommendations, I think my favourite is the last one: . "We [the citizens] are prepared to. pay higher taxes. to make a reality of our recommendations. " .
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Mr Justice Gerard Hogan of the Irish Supreme Court addressed our "Judges & Judging" seminar at DCU last evening, in a conversation format led by my colleague Davy Lalor. Our discussion included his recent judgment in Heneghan (but not this week's Art 26 reference - sadly).
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Wonderful (and poignant) to be present at the launch of my late colleague Vicky Conway's book, coauthored with Yvonne Daly, on criminal defence representation. Launched with typical rigour and thoughtfulness by Ms. Justice Úna Ní Raifeartaigh.
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The Citizens' Assembly on Gender Equality issued its 49 recommendations this morning - including on amendments to Art 40 & 41 of the Constitution. This lovely video captures the citizens' experiences. I was honoured to serve on the Expert Advisory Group.
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My latest paper, f'coming International J. Constitutional Law (a year's labour of ❤). Judicial review, Socratic contestation, freedom as non-domination, Mattias Kumm, @rpbellamy1, political constitutionalism, Ros Dixon.
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Spectre of litigation now hovers over our parliamentarians via @IrishTimesOpEd.My op-ed on the Angela Kerins judgment. Looks at what the Supreme Court says about Oireachtas committees, as distinct from the Oireachtas proper, re parliamentary privilege.
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Outstanding papers by @seanrainford (DCU), @saoirseenright (UL) and Daniel Gilligan (TCD), here at the "Emerging Voices in Constitutional Law" conference at @UCDLawSchool. Chaired by Mr. Justice Gerard Hogan - whose judgments were the subject of some attention!
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Congratulations to @UCDLawSchool on a great win over a gallant @LawGovDCU side in the #NationalMoot18 final. It's great to see @aislingdepaor's leadership on this so obviously appreciated by students and colleagues across Irish law schools. Now for the #ApresMoot.
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Is there anything to be said for another Citizens' Assembly?
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Ciara Ramsbottom opens for DCU, responding to powerfully articulated submissions by @UCDLawSchool. The great @davy_lalor - former National Moot champion - observes in the background. President of DCU @muirtheimhne looks on. A university holds its breath #NationalMoot2019
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I have a 4 page note on O'Donnell J's recent interpretation of Ireland's "radical natural law" provision on "the Family" (Art 41, Gorry v Minister for Justice). See link (or email me). It is forthcoming in J of SW and Family Law. via @academia.
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My latest paper: 'the people' in constitutional contexts; popular sovereignty; Crotty v An Taoiseach; Hardiman v O'Donnell JJ; referendums, republicaniam, even some Carl Schmitt (Trump/Bannon!) etc
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My draft chapter f'coming in The Oxford Handbook of Irish Politics: . Judges & the political arms of government - clashing judicial philosophies - Angela Kerins, Jamie Sinnott, Abbeylara and John Rawls 🤔
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Here, I give my analysis of Kennedy CJ's famous dissent in Ireland's constitutional 'case of the century' - State (Ryan) v Lennon [1935]. via @YouTube.
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We're just delighted Seán has chosen DCU - to explore normative arguments around constitutional "entrenchment," "unconstitutional constitutional amendments," and other aspects of the work of e.g. @roznaiy and @RichardAlbert.
Delighted to be starting PhD research at @LawGovDCU under supervision of @TomHickeyDCU this Sept. The research will focus on republican approaches to limiting the scope of constitutional amendment.🗽.
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Zalewski and the Future of Irish Public Law - Hickey - The Modern Law Review - Wiley Online Library .Open access.
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Eoin Carolan's "Judicial Power in Ireland" is out. Chapters by Chief Justice Clarke, @oran_doyle, @MaherImelda, John O'Dowd, Maria Cahill, @ColizScott, Gerry Whyte, @DonalkCoffey, @eoinmauricedaly, @TomHickeyDCU, Justices O'Donnell, Fennelly & others. See.
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I'll be talking about the Zalewski judgment tomorrow at 2 - with Lorna Lynch BL, Roderick Maguire BL, Anne Lyne and @AlexWhiteSC). I'll focus on O'Donnell J, but will also consider the MacMenamin & Charleton dissents. Free to public, register below
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I was on @morningireland earlier discussing John Delaney's approach at yesterday's Oireachtas hearing, and the influence of the Supreme Court ruling in Angela Kerins. Link:
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"They play like my Dad and his mates on Thursday nights," they said. Topped the group. 1-0 for the win. It was all for you, Dear Leader.
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Working title: "Legitimacy and the Irish Constitution (in republican terms)." Drawing on Frank Michelman. Very honoured to be asked.
We are very much looking forward to @TomHickeyDCU of @LawGovDCU on the conception of republic in Ireland, as well as to Prof Toniatti.
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Proof stage: Judges, politics & Irish Constitution @LaurCah @JamesGallen @eoinmauricedaly @oran_doyle @fdelond @ConorUCCLaw @davidkenny311
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This is a welcome intervention on the "Care" & "Family" referendums, given the messiness of the debates. Oran is one of the most respected constitutional scholars. The takeaways:.● these are "values-based" referendums.● the "on the ground" legal implications would be limited.
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Is feminist judging. Herculean?.My latest article interrogates Erika Rackley's great critique of Dworkin's 'Judge Hercules'
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@ClarusPress @oran_doyle Plug for book: Irish Constitutional Law @ConorUCCLa @davidkenny31 @Rachael65493122 @LaurCah @eoinmauricedaly @AnMailleach @ConstitutionUCC @constitution_ly @ConUnit_UCL @colmocinneide @eoinmauricedaly @ICON__S @DemocracyTalk @charlesomahony1 @donnchanuig @dickson_b @DonalkCoffey
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I was back on with Claire Byrne this morning, this time on the results in the referendums:. ● In the #FamilyRef, the No side won the debate around "clarity," resoundingly. But there are often good reasons to avoid crystal clarity in constitutional text.
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In this op-ed, @Oran_Doyle and I argue - contrary to the Attorney General's view - that the Oireachtas CAN legislate through next week and beyond. Oireachtas can pass laws in the public interest without Taoiseach Seanad nominees via @IrishTimesOpEd.
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Final plug for 'Beyond Political Constitutionalism' with: Ana Cannilla, Christophe Moellers, Aileen Kavanagh & Dimitrios Kyritsis. On Zoom today at 16h.20 (London).
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Latest International Journal of Constitutional Law, opening with my article 😎 @ICONnect_blog @I_CON_Society
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Chapter by Oran Doyle and me, f'coming in Giuseppe Ferrari ed, The Use of Foreign Law by Constitutional Courts (Brill, 2019).See: Religious freedom, right to die, proportionality, suspended declarations of invalidity etc.
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A sound man, but much more besides. Gary's humility, confidence and regard for others meant great leadership came easy. Thanks boss.
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My short article on O'Donnell J's "shoebox" approach to Art 41: just out, and open access, in the J of SW & Family Law. "Interpreting natural rights: Gorry and ‘the family’ under Article 41"
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Here, I analyse Gladys Ryan v Attorney General, and the 'unenumerated rights' doctrine in Irish constitutional law. via @YouTube.
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And Cian Bolger Hayes, of @LawGovDCU, nominee for "Student of the Year" (+ Rónán Condon and me - photographers).
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St Patrick's Hall, Dublin Castle. The spectacular setting for today's opening meeting of the Irish Citizens' Assembly. Chaired by Catherine Day, 99 citizens will deliberate on gender equality from January-July, before reporting recommendations to Government.
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Oran Doyle's precision, clarity and balance shine in this podcast on the 'rule of law' shortcomings of the Irish State's pandemic response. (As does his penchant for 'three points on this. '). See also @fotoole article in today's Irish Times.
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On the Seanad case at the High Court today:.I agree with the Senators that a Seanad is valid even without the Taoiseach's 11, but I accept that there is a reasonable argument to the contrary. For why, see paras 9 & 10 of our op-ed, cited in today's case:
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Keith Duggan's article in this morning's Irish Times is the best thing I've read this year. (And I've just finished Mantel's Bring Up the Bodies). #NormalPeople. Connell losing touch with the club championship is the real tragedy (via @IrishTimes)
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Just bought a ticket for the @DCULawSociety Law Ball. There was a time I commanded a small fee for my attendance 😐
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Wine at lunch - yes, please. Here in Valladolid at the Reconnet Legal Theory Network (the "anti-ICon" - not my phrase), with @donaldbello @Rgargarella, @SebastianLewisR, @RonWLevy and other friends.
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I'll be on the Claire Byrne Show on RTE Radio 1 shortly to discuss the constitutional implications (if any!) of a "right to die" law of the kind proposed this week by the Oireachtas Committee on Assisted Dying. @ClaireByrneLive
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DCU School of Law & Govt, in association with the British-Irish Chapter of ICON-S, host Mr Justice John MacMenamin on Thursday 23rd January for a Roundtable on Legal Reasoning at the Irish Supreme Court. See pic for details.
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Tom Hickey: The Republican Core of the Case for Judicial Review - in 2000 words. A blog on the argument I'll present on Wed morning in Hong Kong, on panel with Aileen Kavanagh, Mattias Kumm & @adam_shinar #iconshk . via @ukcla.
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The @LawGovDCU staffers, with Glorious Leader (front right). Pity we didn't get to play BCL3 as they are inept - stick with the Mooting kids
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This is what Judge Hogan thinks of the text of Art 18.4.2, inserted as it was following the 7th Amendment. And he is right. But were he & his colleagues right to interpret the word "may" to mean "must" in Heneghan? More tomorrow morning at the ISCR:
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Might Rawls have used Liam Cosgrave, rather than Martin Luther King, to illustrate his notion of the "wide view of public reason." 😉
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For all our supposed progressiveness, we Irish seem almost apathetic about gender-segregated schooling. And yet it influences the minds of young Irish people almost every day.
How do we expect to change and challenge gender norms and inequalities when we send so many of our kids to gender-segregated same sex schools?. What message does this send to our teenage boys?. @gavreilly #OntheRecordNT.
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Lovely to finally get hands on "Law & Literature" - and to see my chapter co-authored with @dkennytcd in print. Thanks to @adamdhanna and @yesthewholebook for their invitation to two mere lawyers to contribute to their volume.
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I did a "before" and "after" poll on the Abbeylara judgment in a constitutional law class yesterday
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My article in today's @IrishTimesOpEd on Angela #Kerins judgment, judges & parliament, separation of powers etc.
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Workshop, Feminist Judgments, @LawGovDCU @UCDLawSchool @TCDLawSchool. Students, academics, practitioners. Intense. @LTlaw_ @maireadenright
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I came for the outstanding line-up. I've stayed for Gwynny's referring to "Nijinsky, "Lewinsky," and "Lewandowski" - but so far not to Zalewski. .
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But this idea that "we don't know what 'durable relationships' means" argument is wildly overblown, in my view. The Oireachtas will continue to make laws on things like succession, welfare entitlements, pensions etc - just as it has always done. 4/9.
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My piece on yesterday's Angela Kerins, Part II ruling. Supreme Court tells Oireachtas to police itself or face consequences (via @IrishTimes)
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Final plug for my "It's legitimacy, stupid! (Constitution as 'legitimacy pact')" talk tomorrow morning on Zoom. Here's my speaking notes: from Conor O'Mahony's tweet on Norris, to Linda Colley, through Frank Michelman. via @academia.
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Judge Suzanne Kingston of the ECJ delivering the JM Kelly lecture at UCD - on "constitutional identity." With nice introductions, including from Dean @ProfPech and Chief Justice Donal O'Donnell.
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Loved this event, in the high summer. Loved also getting to read Kavanagh's The Collaborative Constitution in advance of publication. It'll be a major reference for years to come.
Great discussion last night @IICDublino @TriCONDublin on collaborative constitutionalism in comparative context. Many thanks to Profs Roberto Borrello, Alessandro Torre, Maria Dicosola, Nicola Lupo, @TomHickeyDCU for a wonderful evening and a great constitutional conversation.
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A 1500 word 'rejoinder' to Richard Bellamy - in response to his response to my article 'The republican core of the case for judicial review.' .All three pieces f'coming in the January issue of the International Journal of Constitutional Law.via @academia.
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Great thread on how the Irish Constitution can sometimes function - or can sometimes be functioned! - as a blocking mechanism against good laws and policies.
#ConstitutionSaysNo: a tale in many parts. I'm collecting examples of Irish Govts saying they can't do something because it's unconstitutional and that a referendum would be needed, only to later conclude it's actually fine to just legislate. First up: specialist family courts.
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This Friday (June 7th) at 16h, St Cross Building, Oxford, I'll present "The Republican Core of the Case for Judicial Review." Come along, @BonaveroIHR, @oxfordjdg, @OxHRH, @OxfordLawFac. The article on which it is based can be freely accessed at
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Justice Richard Humphreys' review of our book: Judges, politics & the Irish Constitution. Launch: 18 May, RIAcademy.
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A great read this, Mary Carolan on the life and career of a fine judge. Retired chief justice Frank Clarke on his life in law: 'I think I found the hole that suited my peg' .
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This flyer - for the Sept 9 DCU Law/ Vulnerability conf - has the f'coming Judges, Politics book on pre-order: €40.
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Hectic day @LawGovDCU. Ranked in top 150 politics Schools in world. Hosted @MikMadiCourts. #repealthe8th TeachIn#InternationalWomensDay
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All best to Admin Law students tomorrow. A song, to light your way (though this one is more for a Rawls assignment) .
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Clean shirt. Check.@rodericogorman's spare bow tie. Check.Read #exclusionaryrule case for solid contribution over dinner. Check. #DCULawBall.
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Great thread on the institutional value of the Attorney General in the Irish system (with important references to the fallibility of an AG's advice).
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As might be clear, I'll be voting #YesYes, but I'm not advocating here. (There's legitimate debate to be had). Rather, I'm trying to clarify certain aspects of constitutional law as they seem to bear on the debates. Vote as you see fit, but not on the basis of misperception. 9/9.
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I highly recommend this short, accessible article on the emergence of "constitutional identity" in the Irish system .Indeed, the concept reappeared in Hogan J's judgment in Tomás Heneghan v Govt of Ireland, delivered on Friday.
My first journal article is in this edition of @IJSJournal⬇️It looks at the use of 'constitutional identity' in Costello case, how it fits with the principle of popular sovereignty and the possibility of judicial empowerment.
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In today's Letters to Editor, Oran & I respond to the responses to our article on the authority of current Oireachtas to legislate. See also Kieran Coughlin, former clerk of Dáil, rowing in behind us - adding much insight. 1/2.
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Here I use my "over the garden fence" exchanges with Neighbour Dave, Lockdown Sceptic, to explore Frank Michelman's question: Can a constitution represent a "legitimacy pact?" . Hosted by Aileen Kavanagh, @TCDLawSchool . via @YouTube.
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Almost there. The Political Theory of the Irish Constitution. #proofing @ManchesterUP @eoinmauricedaly
http://t.co/vD1SwJTQ4a.
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Taylor Swift's "Anti-Hero" is 3 mins long and reaches its first chorus after 45 seconds. And it's a better song for it. We academics might take note 👇
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