504 / 822
GAZETTE
DECEMBER 1988
and differences in substantive and
procedural law. However, for those
lawyers wishing to avail of the new
o p p o r t u n i t i es c r ea t ed by t he
proposed completion of the Internal
Market, the decisions in
Gullung
a n d t h e
German
case
w i ll be
considered very helpful.
An eminent U.K. lawyer/journalist
writing recently in relation to the
German
case
stated (perhaps
optimistically)
5
"Businessmen will
find this decision of the European
Court reasonable. Lawyers will
think it very bold. If foreign lawyers
are enterprising enough to make
use of it and appear in the High
Court, the Court of Appeal and the
House of Lords, they will drive a
coach and horses through the rules
of the Bar and of the Law Society.
It could certainly open up the
lawyers' world".
FOOTNOTES
1
Case 2 9 4 / 86 Gullung -v- Conseils des
Ordres des Avocats des Barreaux de
Colmar et de Saverne and Others, 19th
January, 1988, The Times 2 0 th
January, 1988; 119881. 2 C.M.L.R. 57.
2
Case 4 2 7 / 8 5. Commission of the
European Communities -v- the Federal
Republic of Germany, 25th February,
1988.
3
0. J. 78/17, 26/3/77. Council Directive
7 7 / 2 49 EEC to facilitate the effective
exercise by lawyers of freedom to
provide services.
4
S.I. No. 58 of 1979, as amended by S.I.
No. 197 of 1981 (Greek lawyers).
5
A. H. Herman. "Lawyers without Fron-
tiers". Financial Times, 10th March,
1987.
EMPLOYMENT
FORUM
The next
EMPLOYMENT FORUM
will be held in the President's
Hall, Blackhall Place, Dublin 7,
at 6 . 00p .m. on Thursday, 27
October, 1988.
Admission
is free and
all
interested
solicitors
and
solicitors'
apprentices
are
welcome.
Bo ok Rev i ew
THE CONS T I T U T I ON OF
I RE L AND
By Frank Litton (editor). Special
Issue of Adm i n i s t r a t i o n, volume
35 No. 4, 1987.
Institute of Public Administration,
1988, 255 pp. £6).
Frank Litton, the editor, in a per-
ceptive but short introduction to this
Festchrift on the fiftieth anniversary
of the people's adoption of the
Constitution, rightly pronounces
that "Constitution-making requires
that the cunning of a Machiavellian
prince be joined to the wisdom of
a philosopher king". Constitutional
interpretation demands similar
qualities.
Some of our modern Irish legal
philosophers and interpreters of our
Constitution contribute essays in
the form of analyses and critiques
of the Constitution. The most
lengthy of the contributions was
written by Dr. Dermot Keogh who
documents the often painstaking
processes involved in the drafting of
the Constitution and Article 44 in
particular. Dr. Keogh recounts the
various pilgrimages to the Vatican
seeking approval for the articles on
religion wh i ch ended w i th the
Pope's immortal words: "Ni approvo
ni non disapprovo; taceremo". ("I do
not approve, neither do I not
disapprove; we shall maintain
silence"). Dr. Enda McDonough,
Professor of Moral Theology at St.
Pa t r i ck 's College,
Ma y n o o t h,
describes the reaction of De Valera
to the Pope's negative attitude to
the draft Constitution: "Pius XI was
a tough northerner. I have had to
deal all my life w i t h t o u gh
northerners like Sean McEntee and
Frank Aiken so I knew I would have
to fight". Despite the friendship De
Valera shared wi th Dr. John Charles
McQuaid, ecclesiological differ-
ences separated them on certain
issues. Yet Dr. McQuaid must have
been pleased wi th his endeavours.
Walsh J. writes on constitutional
rights. Incidentally, Barrington J.
recollects Tommy Conolly, S.C.
describing Brian Walsh in the 1960s
as the person who was "writing the
constitutional law of this country".
Professor John Kelly, who had the
o p p o r t u n i ty
of
reading
t he
contributions, described Walsh J's
essay as being " f u ll of material
provoking either challenge or
applause". Walsh J. in a wide-
ranging essay considers the natural
law and the nature of fundamental
rights in the Constitution.
The courts and the Constitution
are considered by Barrington J. The
learned judge describes the expand-
ing influence of the Constitution
from its early days to the present
time. He describes how the judges
were fearful in the early days of the
State, lest any form of judicial
a c t i v i sm in i n t e r p r e t i ng t he
Constitution would involve them in
political, social and economic issues
in which the judges had no special
competence. Those days are gone
forever. Barrington J. makes many
interesting observations but of par-
ticular interest is his description of
Tommy Conolly, S.C. as the father of
modern Irish Constitutional law.
Keane J., judge, prolific jurist and
President of the Law Reform Com-
mission, in a masterly essay
cons i de rs issues relating to
Administrative and Planning Law in
the context of the Constitution. He
reflects on the immense growth in
the public service and the dominant
role it plays in Irish life and he notes
that challenges to actions of the
execu t i ve meet w i t h a more
sympathetic and less sceptical
response in present times than in
former times.
An t hony Coughlan, a senior
lecturer in Trinity College, Dublin,
writes on the Constitution and
Agricultural Consultant
Services include
Damage and Loss Assessment,
C.P.O.'s, Insurance Claims,
Professional Evidence in Courts
T. P. Curran,
M.Agr.Sc.
20, Lakelands, Naas, Co. Kildare
Tel: (045) 66941
Handwriting & Subject
Document Analysis
Michael Rasmussen,
Mayanncor Ltd.
19, Woodside, Rathnew,
Co. Wicklow.
Telephone: 0404-69474
2 64