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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
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Heart Attack and Stroke cause 50% of all deaths
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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,
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'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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