Foreword to the Fourteenth Edition

[2017] 16 COLR vi
It is an honour to be asked to launch the 16th edition of the Law Review, a journal
that has already contributed so much to legal scholarship in this jurisdiction. It is a
particular honour in that in so doing I feel that I may be permitted to have even a
slight, vicarious connection with the Law School of University College, Cork, an
institution and University whose graduates and academics have made such a
contribution to Irish legal life.
At the risk of embarrassment and the charge of selectivity, I propose to mention in
this regard just four living individuals associated with the University and the Law
School. First, I would naturally wish to pay tribute to my colleague and dear friend,
David Gwynn Morgan. Not only is he justly regarded as the father of Irish
administrative law, but his prose style and telling insights should serve as a model
and inspiration for any up-coming legal writer and researcher of the next generation.
Professor Gwynn Morgan’s scholarship shows the importance of fine legal writing
and communicating directly with one’s audience.
Second, I would wish to mark in a special way the telling and profound contribution
of Mr Justice McKechnie to contemporary jurisprudence. His judgments are always
interesting, erudite and elegantly written. But just as valuable – if not, indeed, more
so - is his stubborn independence of thought. There is, I think, a tendency in judicial
circles to go along with the path of least resistance and to reject arguments which are
innovative or inconvenient or which might seem to some unpopular. That has never
been McKechnie J’s style and no finer witness to his fearless determination to uphold
the Constitution and the law is his judgment in The People v Doyle [2017] IESC 1
where, even in a case with deeply repugnant facts and a singularly unattractive
defendant, he led the minority of the Supreme Court (or was he alone?) to uphold the
constitutional right of an accused to have a solicitor present when facing Garda
questioning following arrest. One does not even have to agree with his judgment in
this case: the compelling nature of his language and argumentation is in itself
sufficient to command respect and admiration.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT