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
© 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
1Family, Education and Politics, 1893–1921
2In the Service of the Free State, 1922–1932
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
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
