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EDITORIAL
State Immunity
A myth which has been persistently held since 1922 has
at long last been exploded. On the basis that the
feudal theory that "The King can do no wrong" had
been carried over by the Irish Constitution of 1922, and
was henceforth available to the State, attempts have
been made to uphold the doctrine that the State is
immune from process unless there is legislation to the
contrary. The Supreme Court, through the learned
judgments of Mr. Justice Walsh and of Mr. Justice
Budd, in
Byrne v Ireland,
has shown the absurdity of
this contention. The royal prerogatives pertained
esesntially to the royal dignity and were thus personal
attributes of the King. The
Free State Constitution,
as
well as our present Constitution, has declared that all
legislative, executive and judicial power in Ireland was
derived from the People of Ireland, and there was con-
sequently no basis for a claim that the State can do
no wrong, or that the State cannot be made vicariously
liable for the wrong committed by its servants.
The Constitution had conferred some personal rights
on the citizens of the State and had provided a right
of recourse to the Superior Courts to enforce them.
This right of recourse naturally includes any justiciable
controversy between a citizen and the State. If. the
People are paramount, it is obvious that the State can-
not be sovereign internally; this is further evidenced by
the many restrictions imposed upon the State by the
Constitution. For instance the well known guarantee to
protect from unjust attack and vindicate the life, per-
son and good name of the citizen is a guarantee in-
compatible with sovereignty. This historic decision of
the Supreme Court presents another landmark in Irish
legal history.
Professional fees for Proceedings
arising out of Road Accidents
The Council after discussions with the Accident Claim
Association have agreed to amend the recommendations
made in the
Gazette
of September/October 1970 as to
the minimum proper fees which should be accepted
from insurance companies in road accident cases.
The following statement is substituted for that
appearing in the
Gazette
of September/October 1970.
(1) In the opinion of the Society £10.50 is the mini-
mum proper fee which should be accepted by a member
of the Society for either :
(a) attending at a coroner's inquest, or
(b) attending a Court of summary jurisdiction to
defend any proceedings under Sections 52 or 53
of the Road Traffic Act, 1961, as amended by
Sections 50 and 51 of the Road Traffic Act, 1968,
(c) attending to observe such proceedings provided
that where proceedings are conducted in a town
other than the town where the solicitor has his
principal office there should be reasonable addi-
tion for time and travelling expenses. Proper
report of the results of the proceedings should be
prepared by the solicitor.
(2) Proper report of the proceedings means a report
gives names of the witnesses and a summary of the
evidence given by each and an appreciation of the effect
of the evidence on the question of civil liability for
damages.
(3) The minimum fee does not apply in cases of
exceptional difficulty or responsibility. Reasonable addi-
tional fees should be paid in such cases.
(4) Members of the Society ought not to accept
instructions or furnish reports except on payment of the
adequate fees appropriate to the circumstances in accor-
dance with paragraph one.
The under mentioned companies are agreeable to
paying the fee of £10.50.
Norwich Union Insurance Society Limited
oyal Group
Phoenix Insurance Company
Sun Alliance & London Insurance Group
General Accidents—Fire & Life Insurance Corporation
Guardian Royal Exchange Assurance Group
Shield Insurance Company Limited
National Employers' Mutual Insurance Group
Irish National Insurance Company Limited
F.B.D. Insurance Company Limited
Insurance Corporation of Ireland Limited
The P.M.P.A. Insurance Company Limited
JG.F.
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