The Gazette 1972

EDITORIAL Revision of the Constitution

There has been a great hullaboloo about changing the Constitution recently, and there have even been dis- cussions about it between the Irish political parties. It has already been shown (June 1971, Gazette ) that there are several practical matters that could usefully be altered, but it is understood that these inter-party talks relate mainly to changing the provisions about funda- mental rights on the alleged pretext of preparing a Constitution which would be satisfactory to all shades of opinion in Ireland, North and South. It is important to emphasise in no uncertain matter that it would be extremely dangerous to allow an inter- party constitutional committee to amend in any way these fundamental rights, even on the alleged ground that these amendments would be more liberal and would satisfy modern conditions. One cannot dispute the fact that the Supreme Court is the guardian of our Constitution and that on the whole this Court has ponstrued our Constitution in a most liberal manner; it would be disastrous if the power of judicial review in relation to fundamental rights were in any way curbed and there is a danger of this happening. Mr. Temple Lang in the January 1971 Gazette pointed out forcibly the dangers inherent in the proposal that the Consti- tution should no longer be subject to a popular refer- endum in order to be amended, but that a joint sitting the houses of the Oireachtas should have this power instead; he emphasised that, in such a case, the Consti- tution would merely be a set of rules which the winning Political party could change at will. Let us hope that nothing of the sort is contemplated even on the absurd ground that referenda are expensive. Mr. Temple Lang

also pointed out the dangers relating to permitting divorce although on the surface this suggestion seemed most liberal. Undoubtedly statements declaring that the Catholic religion's special position as the religion of the majority, and the mention of recognition of other denominations could well have been omitted, as these statements give no special privileges either to the Cath- olic Church or to the other denominations. Even so, one should be very slow to change any of the wording relating to articles of the Constitution which are vital to preserve our fundamental rights. Many changes can be made by ordinary legislation. One had hoped that several appropriate Constitu- tional amendments would have been introduced to enable us to enter the European Economic Community. Instead the Third Amendment to the Constitution Bill, 1971, proposes an omnibus amendment which would have the effect that no provision of the Constitution whatsoever would invalidate laws enacted, acts done or measures adopted by the State consequent upon mem- bership of the Communities; this is unduly wide and unnecessary. It will be appreciated that the wording is so wide that it in no way protects the very fundamental rights which the European Court itself has been at pains to protect. Even the Supreme Court, in giving its most liberal interpretation to this clause, would find it difficult not to validate this clause, unless it could per- haps conflict with the fundamental rights clauses. This Constitutional amendment should only be supported if the fundamental rights articles are specifically excluded from its operation. Schedule (1) Registered owner: Mary Bridget Pey; Folio 9445; Lands, Woodfield or Tullinisk, County Offaly; Area. 13a Or 25p. ' ' (2) Registered owner: James Carroll; Folio 3680; Lands, Graigue Upper, County Tipperary; Area, 42a. 2r. 8p. (3) Registered owner: James Foley; Folio 1015; Lands, Carrigeennageragh Big and Glendalligan, County Waterford- Area, 131a. 3r. 31p. and la. 2r. 32p. (4) Registered owners: Richard Mullins and John Mullins; Folio 13420; Lands, Jerpointchurch, County Kilkenny: Area. 16a. lr. 30p. and 3a. 3r. Op. (5) Registered owner: John Flynn; Folio 3906 (now part of Folio 19591); Lands, Agarinagh Beg, County Clare; Area, 25a. Or. 22p. (6) Registered owner: Margaret O'Brien; Folio 11652R; Lands, Ballymoylin, County Tipperary; Area, 27a. Or. 21p. (7) Registered owner: Michael Nolan; Folio 617 (now property No. 1 on Folio 8559); Lands, Tankardsgarden, County Kildare; Area, la. lr. 7p. (8) Registered owner, Daniel Buckley; Folio 6098; Lands, Caherbarnagh, County Cork; Area, 87a. 3r. 5p, one-sixth of 4a. lr. 23p., one-third of 407a. 2r. 30p. 9

THE REGISTER

REGISTRATION OF TITLE ACT, 1964 Issue of New Land Certificates

An appli ca the registered owner mentioned in the Schedule hereto for the issue of a Land ^ertificate in substitution for the original Land Certificate o r "' i" r e s p e c t of t h e l a n d s specified in the Schedule which !ginal Land Certificates are stated to have been lost or inadvertently destroyed. in ^ r ^ 0 * * 6 will be issued unless notification is received Dubl . Re * istr y within twenty-eight days from the date of ex t t l 0 n notice that the original certificate is in istence and in the custody of some person other than the g l s t e r e d owner. Any such notification should state the grounds on which the Certificate is being held. °ated this 31st day of January, 1972. D. L. MCALLISTER Registrar of Titles. Central Office, Land Registry, Chancery Street, Dublin 7. ti on h as ^een r e c e i v e t j f r o m