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GAZETTE
SEPTEMBER 1980
Society Launches Major New
Work On Constitution
The Society has just published "Cases and Materials
on the Irish Constitution" by James O'Reilly and Mary
Redmond. This represents a significant milestone in Irish
Legal Publishing because the work is the first major
Casebook, in the American style, to have been published
on any aspect of Irish Law. The Society is particularly
pleased that the Authors have both been members of the
Solicitors profession although James O'Reilly is now
practising at the Bar.
The book was launched by the Chief Justice at a
reception in the Law Society on the 18th September and
in his address at the launching the Chief Justice included
the following remarks. "It may be a misunderstanding of
the true function of judicial review that has led some
people in recent years to criticise the courts as exceeding
their powers in declaring the invalidity of legislation. It
must be recognised however that the Constitution
depends for its virility and for the significance of the rights
accorded to citizens on the proper function of the
Oireachtas being observed and on the State itself
honouring and discharging the duties and obligations cast
upon it by the Constitution. If our Legislature were
permitted to exceed its powers or the State to ignore its
obligations the Constitution would become a meaningless
collection of words of no significance and the rights and
freedoms of the people would disappear. It is the duty of
the Courts under the Constitution to ensure the
Constitutional checks and balances are observed. In
doing so the the courts assume no powers other than the
Constitution ordains and seek to do no more than to
discharge the solemn duty placed upon them by the
people in enacting the Constitution. That same duty falls
to be discharged by the Courts in ensuring that powers
given to Bodies under ordinary legislation are in no way
exceeded. I have no doubt that these duties will continue
to be discharged honourably and courageously by the
Courts."
In his foreword to the book Mr. Justice Brian Walsh
commented "their book will promote serious and critical
study of Constitutional interpretation and decision
making in the Irish Context. Doubtless they had as one of
their objectives, relying upon their experience as teachers,
the compilation of the kind of book that would be
valuable to use in class. But it would be of great value to
the Lawyer, the Legislator and the Layman alike. Here
will be found an intelligible and an illuminating
presentation of the workings of the judicial process in the
field of Constitutional Law in this Country. The materials
they have assembled include not only judicial decisions
but also legislative and other non-judicial material which
call attention to the historical context. In particular the
case Law is reproduced in sufficient textual length to satisfy
the serious student".
In her remarks at the launch Mary Redmond expressed
the hope that the book would contribute towards the ob-
tainment of stage 2 in Law Publication. "That stage is the
stage of the critics, the analysts. Their stance will not
(because it cannot) be that of a fairly strict neutrality.
Their service will be to emphasise the need for further and
detailed exploration of the Constitution, to defend it
against vague and illconsidered, often political, catch cries
calling for its repeal. . . . Humpty Dumpty taught Alice a
lesson in Through the Looking-Glass; "When I use a
Wo r d" he said in a rather scornful tone, it means just
what I choose it to mean — neither more or less". "The
Question Is" said Alice "Whether you could make words
mean so many different things".
"The Question I s" said Humpty Dumpty "Which is to
be Master That's All". Fortunately in this country it is
not the slogan as to who are the Masters of our
Constitution — it is the Judges who are the Masters, in
their constitutionally received role. It is they who inter-
pret the Constitution, they who are aware, as Mr. Justice
Holmes expressed in such a delightful metaphor in Towne
v. Eisner that "A word is not a crystal, transparent and
unchanged it is a skin of a living thought and may vary
greatly in colour and content according to the circum-
stances and the time in which it is used". Judicial inter-
pretation in the light of prevailing conditions in this
country is an obvious and compelling subject of interest in
the publication which is being launched this afternoon".
The book is now available from the Society at £25 . 00
plus £2 . 50 V.A.T. plus 80p postage.
ROYAL IRISH ACADEMY
National Committee for the Study of International
Affairs
Third Annual Conference
21st November 1980
"Neutrality: A Re v i ew"
Registration forms are available from the Society or from
the Royal Irish Academy, 19 Dawson St., Dublin 2.
Tel. 7 6 4 2 22 ext. 17 or 24.
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