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

The Fifth Court - DSBA Legal Podcast of the Year

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.

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