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Автор: Eugene Broderick
Издательство: Ingram
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Жанр произведения: Биографии и Мемуары
Год издания: 0
isbn: 9781911024552
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      JOHN HEARNE

      For Miriam

      JOHN HEARNE

      Architect of the 1937 Constitution of Ireland

      EUGENE BRODERICK

      First published in 2017 by

      Irish Academic Press

      10 George’s Street

      Newbridge

      Co. Kildare

      Ireland

       www.iap.ie

      © 2017, Eugene Broderick

      978-1-911024-53-8 (cloth)

      978-1-911024-54-5 (Kindle)

      978-1-911024-55-2 (Epub)

      978-1-911024-71-2 (PDF)

      British Library Cataloguing in Publication Data

      An entry can be found on request

      Library of Congress Cataloging in Publication Data

      An entry can be found on request

      All rights reserved. Without limiting the rights under copyright reserved alone, no part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of both the copyright owner and the above publisher of this book.

      Interior design by www.jminfotechindia.com

      Typeset in Garamond Premier Pro 10.5/14 pt

      Cover design by edit+ www.stuartcoughlan.com

      Jacket front: John Hearne on the occasion of his appointment as a senior counsel, 20 June 1939. Private collection, reproduced with permission.

      Jacket back: Éamon de Valera’s dedication of a copy of the draft constitution given by him to John Hearne. Ms. 23, 508. Courtesy of the National Museum of Ireland.

      Printed by TJ International Ltd, Padstow, Cornwall.

      CONTENTS

       Foreword by Chief Justice Susan Denham

       Preface by the Mayor of Waterford City and County

       Acknowledgements

       Introduction

       1Family, Education and Politics, 1893–1921

       2In the Service of the Free State, 1922–1932

       3Serving de Valera, 1932–1936

       4Towards a New Constitution, 1932–1936

       5Drafting the New Constitution, August 1936–July 1937

       6The Shaping of the Constitution

       7The Constitution of Ireland, 1937: Contemporary Reaction

       8Assessment of the Constitution

       9John J. Hearne: Constitution-Maker and Civil Servant

       Endnotes

       Bibliography

       Index

      FOREWORD

      There has been a significant lacuna in Irish legal history: unlike other jurisdictions, we have not appropriately honoured the draftsmen of our Constitution. For decades, little attention has been paid to the role played in its drafting by public servants, the most influential of whom was John J. Hearne. John Hearne: Architect of the 1937 Constitution redresses this with its in-depth description of Hearne’s role in the creation of Bunreacht na hÉireann, 1937.

      This publication is timely, in the eightieth year since the Constitution was enacted in 1937, and as we prepare to celebrate the life and work of John Hearne at a conference in his native city of Waterford. The author tells the story of Hearne, his family life, politics, education and religion, all of which enriched his work as a lawyer, public servant and diplomat, and provides us with a valuable historic account of Hearne’s involvement in the making of the Constitution.

      A fascinating insight is also provided into the relationship between Hearne and Éamon de Valera. The seeds of a strong professional relationship were sown following de Valera’s election as President of the Executive Council of the Irish Free State, when Hearne was legal adviser to the Department of External Affairs. After de Valera made the decision to draft a new Constitution, and gave instructions to Hearne to commence the work, their relationship flourished during many hours spent discussing and preparing the basic law, which has shaped our State. De Valera later dedicated a copy to Hearne, whom he described as ‘Architect in Chief and Draftsman’ of the Constitution.

      It was a prescient document. Drafted in the 1930s, it set out the framework of government, guaranteed fundamental rights, and gave the power of judicial review expressly to the Superior Courts. These provisions have generated a rich source of case law and a unique jurisprudence. We are fortunate to have such a written Constitution, which the People alone can change.

      The author enlightens us about the significant role Hearne played in the inclusion of key provisions. Knowledgeable in constitutional law, he drew from the constitutions of other jurisdictions, in order to advise de Valera and draft the Constitution. His drafts included features of the new Constitution, which remained in subsequent drafts, and found their way into the Constitution as finally adopted.

      Eugene Broderick describes how, when de Valera instructed Hearne to draw up the heads of a new Constitution, handwritten notes by de Valera indicate an exchange of views between the two men, during which Hearne advised de Valera on matters including the possibility of a Constitutional Court and the office of President. Both de Valera and Hearne believed that there should be entrenched in the Constitution the power of the Superior Courts to judicially review the compatibility of legislation. In October 1936, Hearne drafted a version of articles relating to judicial review. An independent judiciary, entrusted with the power of judicial review, enabling courts to uphold rights, has been an important aspect of our constitutional democracy ever since.

      This book elegantly captures the commitment of