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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.
THE REGISTER
REGISTRATION OF TITLE ACT, 1964
Issue of New Land Certificates
An appli
ca
ti
on
h
as
^een
r e c e
i
v e t
j f
r o m
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.
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