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 John Hearne to the protection of the rights of Irish citizens, and his unwavering service throughout his life to the Irish State. I congratulate the author on a magnificent publication and I recommend this book to everyone interested in the history of our Constitution.
Susan Denham
Chief Justice
Four Courts
Dublin.
January 2017
PREFACE BY
THE MAYOR OF WATERFORD CITY AND COUNTY
This year, 2017, marks the eightieth anniversary of the Constitution of Ireland, Bunreacht na hÉireann. Waterford-born civil servant, John J. Hearne (1893–1967) was described by Éamon de Valera as the ‘architect in chief and draftsman’ of the document, and his part as ‘fundamental’ in its production. De Valera’s own words establish beyond doubt Hearne’s importance and central role in the making of this state’s fundamental law. It is only proper on this anniversary of the Constitution to recognise and acknowledge Hearne’s contribution.
Dr Eugene Broderick’s John Hearne: Architect of the 1937 Constitution of Ireland gives us an insight into John Hearne’s part in Irish constitution-making. He highlights the fact that Hearne was involved at all stages in the document’s evolution and that he insisted on an emphasis on human rights at a time when Europe was fast descending into fascist dictatorship.
John Hearne was a member of a family which contributed much to the political and economic life of Waterford. His father, Richard, was twice mayor of the city, 1901–3, and a partner in the manufacturing firm, Hearne and Cahill. John Hearne went on to serve this state with distinction not only by his part in the drafting of the Constitution, but as first Irish Ambassador to the United States, 1950–60. It was he who initiated the ceremony of presenting a bowl of shamrock to the American President on St Patrick’s Day.
Waterford has much to be proud of in the achievements of John Hearne and this book will stand as a record to his illustrious career of public service.
Councillor Adam Wyse
Mayor of Waterford City and County
ACKNOWLEDGEMENTS
In writing this book I accumulated many debts and I am only too happy to acknowledge the kind help and assistance of many people. The archivists and library staff of a number of institutions were generous with their time and expertise: Irish Military Archives, National Archives of Ireland, National Library of Ireland, University College Cork, University College Dublin Archives, and Waterford City and County Archives. Dr Michael Kennedy, Editor, Documents on Irish Foreign Policy, generously facilitated access to the papers of John J. Hearne.
Fr Gerard Chestnutt, PP, Sacred Heart Parish, Waterford, obtained information relating to the Revd Maurice Hearne from the archives of the Roman Catholic Diocese of Waterford and Lismore. Mr Richard McNamara, former executive legal assistant to the Chief Justice of Ireland, made available to me documentation pertaining to the legal career of John J. Hearne. The late Mons. John shine shared his memories of Waterford in the 1930s and 1940s, shedding light on Hearne’s family. Mr Seán Aylward, under-treasurer, Honourable Society of King’s Inns, has taken an interest in my research and has been generous in his practical assistance.
Family and acquaintances of John Hearne were all too ready and willing to speak of a man they evidently admired and this enriched my understanding of the man behind the persona of lawyer, diplomat and civil servant. I thank Alice Bowen (niece), Fr Ignatius Fennessy, OFM (nephew), John R. Bowen (grand-nephew), Nuala Quirke (a member of the Cahill family, Hearne’s father’s business partner) and Phyliss Doolan (family friend).
Chief Justice Susan Denham has taken an interest in the publication from its beginning. Her support and ready willingness to write the foreword and launch the book are very much appreciated.
A very special thank you to Mr Justice Gerard Hogan for his guidance and help. He very kindly read a draft of the proposed book, offering insightful comments and criticisms, and took an interest in it at all stages. Dr Hogan’s scholarship and very generous support were fundamental to the completion of the text. His wife, Karen Quirke, also gave help, shedding light on the Hearne and Cahill business partnership and by arranging contact between her mother, Nora, and me, where Mrs Quirke shed much light on the character of John Hearne.
John Hearne’s daughter-in-law, Bernadette Kilduff, deserves special mention. She has been interested in my research and writing since I began work on this book and gave me access to papers which were of central importance to recounting Hearne’s story. In particular, she gave me notes prepared by her late husband, Maurice, on his proposed biography of his father. She also gave copies of photographs which grace this publication. I cannot express too much my appreciation to Bernadette.
The professionalism and commitment of Irish Academic Press to the production of this book were exemplary. Conor Graham, managing director, Fiona Dunne, managing editor, and Myles McCionnaith, marketing and editorial executive, have embraced their task with enthusiasm and have been unstinting in their determination to ensure a publication of the highest quality.
I wish to acknowledge and thank Waterford City and County Council for financial assistance towards the publication of this book and the generous financial contribution of Toni Delaney towards the reproduction of many of the photographs.
Rosemary Ryan, Donnchadh Ó Ceallacháin and Peigi Devlin, Waterford Treasures, have been a source of much support and practical help. Their generous assistance reflects their on-going commitment and contribution to the preservation of the history and heritage of Waterford.
My mother-in-law, Mary Leamy, my brother-in-law, Paul Leamy, and my good friend, Ann McEneaney, undertook the difficult and demanding task of proofreading the text. I thank them most sincerely for undertaking this most necessary task and their patience, advice and observations made an invaluable contribution to this book. For this, I owe them much. Pat McEvoy also read some of the chapters and his helpful input is happily acknowledged.
Two people have been an integral part of this book since its inception: Miriam Broderick and Eamonn McEneaney. My friendship with Eamonn goes back a long way and he has offered much practical help
