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GAZETTE
DECEMBER 1991
Uchtála).
40
The upholding of the
Adoption Bill 1987 as constitutional
is further evidence that judicial
interpretation now balances the
parental right against the child's
rights in the context of Articles 41
and 42. Could one now say that the
difficulties of interpreting natural
law terminology in a positivist
context have been reconciled by
the judiciary in the context of the
family based upon marriage?
NOTES
1. See
Bromley, Family Law,
5th Ed.
Chp. 10, Parental Powers and
Duties, 298 et seq. Also Delany,
"The Custody and Education of
Children: a Changing legal concept
in Eire" (1952) Ir. Jur. 17.
2. (1893) 32 L.R. I.R. 504.
3. [1900] 2 I.R. 232.
4. See Brian Farrell "The Drafting of
the Irish Free State Constitution:
III" Vol 6. Ir. Jur. (1971) 111.
5. See Note 4. I am indebted to the
author for information regarding
Drafts A, B, and C of the 1922
Constitution gleaned from his
Article.
6. [1965] I.R. 294.
7. At page 308.
8. (Unrep) H.C. 31 July, 1946.
9. See LL. M. thesis of G.M. Golding,
presented to U.C.D. in 1979. This
excerpt is reproduced at 445.
10. [1947] I.R. 3.
11. At page 28.
12. [1951] I.R. 1.
1 3. At page 14.
14. See Murnaghan J. at page 32
where his Lordship says "Article
42 recognises a joint right and
duty in them to provide for the
religious education of their
children."
1 5. See Note 14.
1 6. At page 9.
1 7. At page 10.
18. [1966] I.R. 295.
19. See
G. -v- An Bord Uchtála
at note
20.
2 0. [1980] I.R. 32.
21. When the mother of a child born
outside wedlock proceeds to have
her child adopted, there are two
consents necessary to the
adoption. The first is her consent
to the placing of the child with
adoptive parents, the second
consists of her consenting to the
adoption order being made which
order finalises adoption of the
child.
2 2. April 1980, H. Ct. Unrep. Ellis J.
2 3. At page 70.
2 4. At page 71.
2 5. [1985] I.R. 289.
2 6. [1985] I.R. 532.
2 7. Supra, at p. 379.
2 8. Supra at 379.
2 9. The plaintiffs also asserted that
their right to procreate was
protected by Article 40 of the
Constitution.
3 0. At page 545.
31. At page 547.
3 2. At pages 547 and 548.
3 3. There were four decisions in this
case Two were delivered by Lynch
J. in the High Court in August and
October of 1984 followed by a
Supreme Court decision in March
of 1985. Lynch J. delivered the final
judgment in May, 1985. The first
three judgments are to be found in
[1985] I.L.R.M. 302, and the last in
[1986] I.L.R.M. 65.
3 4. S. 3 Adoption Act, 1974.
3 5. See the second Judgment of
Lynch J. in
K.C. & A.C. -v- An Bord
Uchtála,
supra, at 138.
3 6. At page 317.
3 7. The Court did not enumerate a
compelling reason or compelling
reasons. Lynch J. could not find
any such reasons not to return the
child into the parents' custody
when the case was returned to his
Lordship.
3 8. See
(
Note 20.
39 . [1989] 1 I.R. 656.
4 0. See Dáil Debates, Vol 372, 5 May
1987, Deputy Shatter 1022 at
1030. Also D.D. Col 372, 12" May
1987, Deputy McCartan, 1647 at
1648.
41. Interestingly,
an Aquinian
tendency appears in these
words.
4 2. At page 12 of the judgment of the
Court (Unreported, 26th July
1988).
43 . Page 13 of the judgment.
44 . Unrep. Dec. 1955, Sup. Ct.
4 5. Supra at note 44.
46 . See Note 18.
4 7. See Note 22.
4 8. See Note 20.
4 9. See Note 33.
Law Society - Solicitor
A vacancy has arisen for a solicitor in the
Directorate of Professional Services in the Law
Society. The appointee will be responsible for
handling all matters in relation to the winding down
of solicitors' practices that have ceased to trade.
The ideal candidate will have experience in the
administration of solicitors' practices, experience of
general practice, good interpersonal skills, and the
ability to work under pressure.
The post is based in Dublin but will involve some
travel. Persons under 35 years of age are unlikely to
have sufficient experience for the post. The position
is full-time and a contract of one year is envisaged
initially.
Applications should be sent to:-
The Director
General,
C/o The Law
Society,
Blackhall
Place,
Dublin
7,
by Friday, 6 December,
1991.
377