The Gazette 1980

GAZETTE

SEPTEMBER 1980

Society Launches Major New Work On Constitution

The Society has just published "Cases and Materials on the Irish Constitution" by James O'Reilly and Mary Redmond. This represents a significant milestone in Irish Legal Publishing because the work is the first major Casebook, in the American style, to have been published on any aspect of Irish Law. The Society is particularly pleased that the Authors have both been members of the Solicitors profession although James O'Reilly is now practising at the Bar. The book was launched by the Chief Justice at a reception in the Law Society on the 18th September and in his address at the launching the Chief Justice included the following remarks. "It may be a misunderstanding of the true function of judicial review that has led some people in recent years to criticise the courts as exceeding their powers in declaring the invalidity of legislation. It must be recognised however that the Constitution depends for its virility and for the significance of the rights accorded to citizens on the proper function of the Oireachtas being observed and on the State itself honouring and discharging the duties and obligations cast upon it by the Constitution. If our Legislature were permitted to exceed its powers or the State to ignore its obligations the Constitution would become a meaningless collection of words of no significance and the rights and freedoms of the people would disappear. It is the duty of the Courts under the Constitution to ensure the Constitutional checks and balances are observed. In doing so the the courts assume no powers other than the Constitution ordains and seek to do no more than to discharge the solemn duty placed upon them by the people in enacting the Constitution. That same duty falls to be discharged by the Courts in ensuring that powers given to Bodies under ordinary legislation are in no way exceeded. I have no doubt that these duties will continue to be discharged honourably and courageously by the Courts." In his foreword to the book Mr. Justice Brian Walsh commented "their book will promote serious and critical study of Constitutional interpretation and decision making in the Irish Context. Doubtless they had as one of their objectives, relying upon their experience as teachers, the compilation of the kind of book that would be valuable to use in class. But it would be of great value to the Lawyer, the Legislator and the Layman alike. Here will be found an intelligible and an illuminating presentation of the workings of the judicial process in the field of Constitutional Law in this Country. The materials they have assembled include not only judicial decisions but also legislative and other non-judicial material which call attention to the historical context. In particular the case Law is reproduced in sufficient textual length to satisfy the serious student". In her remarks at the launch Mary Redmond expressed the hope that the book would contribute towards the ob-

tainment of stage 2 in Law Publication. "That stage is the stage of the critics, the analysts. Their stance will not (because it cannot) be that of a fairly strict neutrality. Their service will be to emphasise the need for further and detailed exploration of the Constitution, to defend it against vague and illconsidered, often political, catch cries calling for its repeal. . . . Humpty Dumpty taught Alice a lesson in Through the Looking-Glass; "When I use a Wo r d" he said in a rather scornful tone, it means just what I choose it to mean — neither more or less". "The Question Is" said Alice "Whether you could make words mean so many different things". "The Question I s" said Humpty Dumpty "Which is to be Master That's All". Fortunately in this country it is not the slogan as to who are the Masters of our Constitution — it is the Judges who are the Masters, in their constitutionally received role. It is they who inter- pret the Constitution, they who are aware, as Mr. Justice Holmes expressed in such a delightful metaphor in Towne v. Eisner that "A word is not a crystal, transparent and unchanged it is a skin of a living thought and may vary greatly in colour and content according to the circum- stances and the time in which it is used". Judicial inter- pretation in the light of prevailing conditions in this country is an obvious and compelling subject of interest in the publication which is being launched this afternoon". The book is now available from the Society at £25 . 00 plus £2 . 50 V.A.T. plus 80p postage.

ROYAL IRISH ACADEMY

National Committee for the Study of International Affairs Third Annual Conference 21st November 1980

"Neutrality: A Re v i ew"

Registration forms are available from the Society or from the Royal Irish Academy, 19 Dawson St., Dublin 2. Tel. 7 6 4 2 22 ext. 17 or 24.

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