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GAZETTE

social policy. Constitutional theory

and political practice are the themes

selected by Brian Farrell. Dr. Enda

McDonagh, Professor of Moral

Theology at St. Patrick's College,

Maynooth, offers philosophical and

theological reflections on the

Constitution.

The issue of the interpretation of

the Constitution is dealt w i th by

Gerard Hogan, barrister, lecturer in

Trinity College, Dublin and one of

our foremost legal writers. Quoting

Hughes J. of the United States

Supreme Court, " t he Constitution

is what the judges say it is", Gerard

Hogan rightly emphasises that one

of the important political develop-

ments of the last t wen ty years has

been the growing signficance of

the courts in interpretating the Con-

stitution. The jurisprudence of

original intention has always in-

t r i gued your reviewer. Gerard

Hogan does not refer to this

concept in these terms but deals

w i th this issue in a skillful manner

under the heading of the historical

approach. The other approaches to

natural law and other extra-

constitutional principles together

w i th the issue of the literal versus

h a rmo n i o us

i n t e r p r e t a t i onal

approaches are also dealt with.

These issues are of enormous

practical significance.

Professor John Kelly in the con-

cluding section of the book w i th

t he

i n t r i gu i ng

t i t le

" T h e

Constitution: Law and Manifestor"

d emo n s t r a t es his r ema r kab le

f o n d n e ss

for

t he

1922

Constitution. In a classic statement

he argues that something in the

Irish cha r ac t er " r e c o i ls f r om

plainness, from simplicity, from

minimums, from the unequivocal,

from the bare, undecorated truth".

He argues that much in the Con-

s t i t u t i on was conceived as a

manifesto rather than as a bare law

and thus has given rise to consider-

able difficulties since the enact-

ment of the Constitution.

The Co n s t i t u t i on of I r e l and

1937 - 1987 is a remarkable book;

it is not a standard textbook in the

accepted sense of that term, nor

does it purport to be such. The

perceptives offered in the book are

DECEMBER 1988

of cons i de r ab le i n t e r est and

deserve to be read by those who

cherish our fundamental law.

Eamonn G. Hall

WHO WILL FIGHT

IRELAND'S

NUMBER ONE KILLER?

Heart Attack and Stroke cause 50% of all deaths

in Ireland.

WE WILL

IHF, a registered charitable organisation, fights

Heart Disease and Stroke through Education,

Community Service and Research.

IF YOU WILL

Remember the IHF when you are making your

will — you can contribute to our work wi t hout

losing capital or income during your lifetime.

IRISH HEART FOUNDATION

4 Clyde Road, Dublin 4.

Telephone: 01-685001.

< 3 >

Emma, a bright-eyed,

chatty, two-year-old,

is one of

our younger members awaiting

a kidney

transplant.

'WHEN YOU HAVE A TRANSPLANT

YOU ARE ABLE TO LIVE'

Bequests/Donations,

however

small

to:

IRISH KIDNEY ASSOCIATION,

DONOR HOUSE,

BALLSBRIDGE, DUBLIN 4.

Phone: (01) 689788/9

or

Account 17193435, BANK OF IRELAND,

34 COLLEGE GREEN, DUBLIN.

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