Book contents
- Towering Judges
- Comparative Constitutional Law and Policy
- Towering Judges
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Contributors
- Introduction: Towering Judges – A Conceptual and Comparative Analysis
- 1 Towering Judges and Global Constitutionalism
- 2 The Landscapes that Towering Judges Tower Over
- 3 Sir Anthony Mason: Towering Over the High Court of Australia
- 4 Lady Hale: A Feminist Towering Judge
- 5 Hugh Kennedy: Ireland’s (Quietly) Towering Nation-Maker
- 6 Judicial Rhetoric of a Liberal Polity: Hong Kong, 1997–2012
- 7 Judicial Minimalism as Towering: Singapore’s Chief Justice Chan Sek Keong
- 8 Nepal’s Most Towering Judge: The Honourable Kalyan Shrestha
- 9 Barak’s Legal Revolutions and What Remains of Them: Authoritarian Abuse of the Judiciary-Empowerment Revolution in Israel
- 10 PN Bhagwati and the Transformation of India’s Judiciary
- 11 Justice Cepeda’s Institution-Building on the Colombian Constitutional Court: A Fusion of the Political and the Legal
- 12 A Towering but Modest Judicial Figure: The Case of Arthur Chaskalson
- 13 Chief Justice Sólyom and the Paradox of “Revolution under the Rule of Law”
- 14 The Socialist Model of Individual Judicial Powers
- 15 The Civil Law Tradition, the Pinochet Constitution, and Judge Eugenio Valenzuela
- 16 Towering versus Collegial Judges: A Comparative Reflection
- Appendix
- Index
5 - Hugh Kennedy: Ireland’s (Quietly) Towering Nation-Maker
Published online by Cambridge University Press: 25 March 2021
- Towering Judges
- Comparative Constitutional Law and Policy
- Towering Judges
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Contributors
- Introduction: Towering Judges – A Conceptual and Comparative Analysis
- 1 Towering Judges and Global Constitutionalism
- 2 The Landscapes that Towering Judges Tower Over
- 3 Sir Anthony Mason: Towering Over the High Court of Australia
- 4 Lady Hale: A Feminist Towering Judge
- 5 Hugh Kennedy: Ireland’s (Quietly) Towering Nation-Maker
- 6 Judicial Rhetoric of a Liberal Polity: Hong Kong, 1997–2012
- 7 Judicial Minimalism as Towering: Singapore’s Chief Justice Chan Sek Keong
- 8 Nepal’s Most Towering Judge: The Honourable Kalyan Shrestha
- 9 Barak’s Legal Revolutions and What Remains of Them: Authoritarian Abuse of the Judiciary-Empowerment Revolution in Israel
- 10 PN Bhagwati and the Transformation of India’s Judiciary
- 11 Justice Cepeda’s Institution-Building on the Colombian Constitutional Court: A Fusion of the Political and the Legal
- 12 A Towering but Modest Judicial Figure: The Case of Arthur Chaskalson
- 13 Chief Justice Sólyom and the Paradox of “Revolution under the Rule of Law”
- 14 The Socialist Model of Individual Judicial Powers
- 15 The Civil Law Tradition, the Pinochet Constitution, and Judge Eugenio Valenzuela
- 16 Towering versus Collegial Judges: A Comparative Reflection
- Appendix
- Index
Summary
In the global pantheon of ‘towering judges’, Hugh Kennedy, the first chief justice of independent Ireland, is often overlooked. But Kennedy played a profound role in shaping the Irish constitutional order and was a central architect of the 1922 Constitution produced for the new Irish Free State, ensuring its maximal autonomy. He established a new court system to replace the highly politicised judiciary of the imperial era. He proved to be an intellectual powerhouse, delivering judgments suffused with historical and comparative legal knowledge, and working to craft a new and genuinely democratic jurisprudence. He was the Court’s backbone of principle, most notably asserting in 1934 (in a blistering dissent) the power to substantively review constitutional amendments. His defence of rights and the rule of law set the scene for the dramatic expansion of the Supreme Court’s power in the 1960s and 1970s, and lingers still. More profoundly, Kennedy set the scene for Ireland’s trajectory towards declaration of a fully independent republic in 1948. While leaving a somewhat contested legacy, he deserves global recognition.
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- Information
- Towering JudgesA Comparative Study of Constitutional Judges, pp. 96 - 116Publisher: Cambridge University PressPrint publication year: 2021