As a young lawyer working for the Chief Justice of Ireland, I would visit
his chambers almost every day – often multiple times a day. There,
amidst the oak furniture, heavy curtains, and blizzard of court submissions
was the unshakeable sense of judicial power; the sense of judgemade
law in utero, to be birthed later in the more austere setting of the
Supreme Court itself.
Having been the Chief Justice’s chambers for almost a century, it took
little imagination to picture the first Chief Justice of an independent
Ireland in the 1920s, Hugh Kennedy, tackling his judicial duties under
new constitutional arrangements that differed radically from the unentrenched
British constitution under which all Irish lawyers had been
trained. The Constitution of 1922 lay in the slipstream of more modern
constitutions, with its separation of State powers, bill of rights, and,
crucially, express conferral on the superior courts of the power to review
ordinary law for compatibility with the Constitution. That power would
be amplified under the new Constitution of 1937, adopted to sweep away
most of the remaining constitutional vestiges of British rule.