The Gazette 1991

GAZETTE

DECEMBER 1991

2 2. April 1980, H. Ct. Unrep. Ellis J. 2 3. At page 70. 2 4. At page 71. 2 5. [1985] I.R. 289. 2 6. [1985] I.R. 532. 2 7. Supra, at p. 379. 2 8. Supra at 379. 2 9. The plaintiffs also asserted that their right to procreate was protected by Article 40 of the Constitution. 3 0. At page 545. 31. At page 547. 3 2. At pages 547 and 548. 3 3. There were four decisions in this case Two were delivered by Lynch J. in the High Court in August and October of 1984 followed by a Supreme Court decision in March of 1985. Lynch J. delivered the final judgment in May, 1985. The first three judgments are to be found in [1985] I.L.R.M. 302, and the last in [1986] I.L.R.M. 65. 3 4. S. 3 Adoption Act, 1974. 3 5. See the second Judgment of Lynch J. in K.C. & A.C. -v- An Bord Uchtála, supra, at 138.

Uchtála). 40 The upholding of the Adoption Bill 1987 as constitutional is further evidence that judicial interpretation now balances the parental right against the child's rights in the context of Articles 41 and 42. Could one now say that the difficulties of interpreting natural law terminology in a positivist context have been reconciled by the judiciary in the context of the family based upon marriage? NOTES 1. See Bromley, Family Law, 5th Ed. Chp. 10, Parental Powers and Duties, 298 et seq. Also Delany, "The Custody and Education of Children: a Changing legal concept in Eire" (1952) Ir. Jur. 17. 2. (1893) 32 L.R. I.R. 504. 3. [1900] 2 I.R. 232. 4. See Brian Farrell "The Drafting of the Irish Free State Constitution: III" Vol 6. Ir. Jur. (1971) 111. 5. See Note 4. I am indebted to the author for information regarding Drafts A, B, and C of the 1922 Constitution gleaned from his Article. 6. [1965] I.R. 294. 7. At page 308. 8. (Unrep) H.C. 31 July, 1946. 9. See LL. M. thesis of G.M. Golding, presented to U.C.D. in 1979. This excerpt is reproduced at 445. 10. [1947] I.R. 3. 11. At page 28. 12. [1951] I.R. 1. 1 3. At page 14. 14. See Murnaghan J. at page 32 where his Lordship says "Article 42 recognises a joint right and duty in them to provide for the religious education of their children." 1 5. See Note 14. 1 6. At page 9. 1 7. At page 10. 18. [1966] I.R. 295. 19. See G. -v- An Bord Uchtála at note 20. 2 0. [1980] I.R. 32. 21. When the mother of a child born outside wedlock proceeds to have her child adopted, there are two consents necessary to the adoption. The first is her consent to the placing of the child with adoptive parents, the second consists of her consenting to the adoption order being made which order finalises adoption of the child.

3 6. At page 317. 3 7. The Court did not enumerate a compelling reason or compelling reasons. Lynch J. could not find any such reasons not to return the child into the parents' custody when the case was returned to his Lordship. 3 8. See ( Note 20. 39 . [1989] 1 I.R. 656. 4 0. See Dáil Debates, Vol 372, 5 May 1987, Deputy Shatter 1022 at 1030. Also D.D. Col 372, 12" May 1987, Deputy McCartan, 1647 at 1648. an Aquinian tendency appears in these words. 4 2. At page 12 of the judgment of the Court (Unreported, 26th July 1988). 43 . Page 13 of the judgment. 44 . Unrep. Dec. 1955, Sup. Ct. 4 5. Supra at note 44. 41. Interestingly,

46 . See Note 18. 4 7. See Note 22. 4 8. See Note 20. 4 9. See Note 33.

Law Society - Solicitor A vacancy has arisen for a solicitor in the Directorate of Professional Services in the Law Society. The appointee will be responsible for handling all matters in relation to the winding down of solicitors' practices that have ceased to trade. The ideal candidate will have experience in the administration of solicitors' practices, experience of general practice, good interpersonal skills, and the ability to work under pressure. The post is based in Dublin but will involve some travel. Persons under 35 years of age are unlikely to have sufficient experience for the post. The position is full-time and a contract of one year is envisaged initially. Applications should be sent to:- The Director General, C/o The Law Society, Blackhall Place, Dublin 7, by Friday, 6 December, 1991.

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