45 / 250
GAZETTE
APRIL 1982
In another case he upheld the notion of justice for an
official of local government when he declared that the
law built up over decades could be unfair, as it was, in
his view, "a tortuous labyrinth of an unexplored code."
(Devaney
v.
Dublin Board of Assistance.
83 I.L.T.R.
p.113)
On the need for recognition of natural law, the late Mr.
Justice Cecil Lavery, when a member of the Supreme
Court, countered an argument by counsel urging the
retention of a medieval law by citing the philosopher
Edmund Burke's epigram.
- there is one law we must all obey, the law of
change; it is the most important law of our nature
and the means, perhaps, of its conservation.
The jurisprudence of British Courts, particularly of
the House of Lords, still finds favour with Irish judges,
though this operates more in the realm of Criminal
Law.
On the issue of change of law, Lord Evershed made
the following commendable pronouncement:
One of the characteristics of our law is that its
principles are never finally determined but are
capable of extension and development as changing
circumstances require, the material subject matter
being "tested" and "re-tested" in the law's
laboratories, namely The Courts of Justice.
(Rooke
v.
Barnard
[ 1964]Appeal Cases p. 1185)
Changes in the legal system to make our criminal law
more effective in curbing the growing crime rate are
long overdue. Ga rda Commissioner Patrick
MacLaughlin exposed the defects in the system in a
paper read to members of the Law Society in 1979 (See
Volume 73 of Gazette, pages 111 to 114). He reiterated
his criticisms and spelled out the reforms needed in a
paper read to the Law Students' Debating Society,
reported in the National Press on 21 January 1982.
The Rt. Hon. Lord Denning, Master of The Rolls, in
the Preface to his recently published book, The
Discipline of Law, expressed, in the clearest of terms,
his own thoughts on the subject:
"my theme is that the principles of law laid down
by the Judges in the 19th century - however
suited to social conditions of that time - are not
suited to the social necessities and social opinion
of the 20th Century.
Lawyers in our State might emulate the distinguished
author by showing a reluctance to adhere too closely to
the maxim
nolemus mutare!
in the hope that not only
shall justice be done, but be seen to be done, this living
up to the aspirations of the motto of the Law Society -
Veritas Vincet. •
Incorporated Law Society of Ireland
IMPORTANT NOTICE
Practising Certificates will not be issued in 1982 or future years unless the Solicitors'
Accountants' Certificate is in order, i.e., a clear Certiticate has been lodged within 6
months of the solicitors' accounting date.
Where, on application for a Practising Certificate, an Accounting Certificate is not
in order, the Solicitor will be notified in writing that the Practising Certificate cannot
issue until the Accountants' Certificate is lodged and that should be done within one
month. He will be informed that pending receipt of the Accountants' Certificate his
remittance is being held in suspense account and that in the meantime, it is an
offence to practice without a Practising Certificate.
After a lapse of one month, the solicitor will be informed that unless the
Accountants' Certificate is received within a further month, disciplinary proceedings
will be commenced without further notice and that, at the same time, the Bar
Association and County Registrar will be notified that the solicitor is practising
without a current Practising Certificate.
The situation regarding outstanding Accountants Certificates is reviewed at each
Council meeting.
JAMES J. IVERS,
Director General
36