The Gazette 1989

SEPTEMBER

1989

GAZETTE

ence and I have never heard of any other judge having that experience in Ireland. In Ireland a sort of judicial curtain falls down when you become a judge and it is respected by former friends and associates and the judges expect it to be respected. I have never heard of any kind of out-of-court approach to a judge. Nor would it be tolerated for one moment. the requirement that judgments of this court be unanimous? It is a very difficult obligation to impose on people - it is one reason why I find the work here a little bit strange. But unanimity does lead to certainty. In the Supreme Court in Ireland we also have an obligation to reach a un- animous decision on any matter relating to the cons t i t u t i onal validity of a law. Judges may be agreed on whether the law is valid or invalid, but may have quite diverse reasons for so doing. So I sometimes felt the judgments lacked we i ght because the rationalisation was obviously very weak in certain places. It had to allow for conflicting reasons but without expressing them. The Constitution prohibits any indica- tion of a contrary view. The judg- ment then has to be written as if it were the view of everybody. It is not a system which I think is perfect. I think it has weaknesses. The present system would have been preferred because of the overriding need for certainty. There may come a stage where people can say: 'Well, we have established the principle and now it would be better to have majority judgments and let each person express his view.' In fact, of course, a un- animous decision is arrived at, from a practical point of view, by a majority judgment. But you do not say that. • What is your view of Can you foresee reform in that area of the court here?

A. l .J.A.

YOUNG LAWYERS INTERNATIONAL ASSOCIATION

ANNUAL CONGRESS

NEW DELHI, INDIA

SEPTEMBER 25TH-30TH 1989

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contact:-

Michael Irvine

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