The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
History
The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
The Constitution establishes their rights as individuals putting these
rights beyond the reach of interference either of those who make or those
who execute the law. It also establishes their rights as citizens,
certifies the manner of their action as citizens, and derives all
authority in the State from those rights and actions. But these are only
the lesser, however supremely important, parts of our lives. The greater
part of our days is, for each of us, packed with the thoughts are cares of
our functional lives. We are more frequently, in the intake and output of
our lives, blacksmiths or architects, or whatever else, than we are
individuals or citizens. Have we not rights and duties there too, both for
ourselves and to the Nation; and should not the Constitution make
provision for this, the larger part of our lives, as well as for the
lesser parts? Can provision be said to have been completely made either
for our own lives or for the interplay that constitutes the life of the
Nation if this aspect be neglected?
We are faced at once with a difficulty. Seeing that we have the experience
of it, it is easy to perceive how we can be represented in the State as
citizens. How can we be represented in the State in respect of our
functions? To answer this question one may turn to an instance that lives
before us, an example from elder days when such an order of society was
familiar. For in old Ireland (as in other nations) guilds were a
recognised form of the industrial life of the nation. They were also,
though not known by that name, a recognised form of the professional life
of the Nation. And as a relic of those times we have to-day what is in
effect a guild of Lawyers. The lawyers of Ireland, for example, are
organised as a whole, with a Council representative of the profession as a
whole. That Council, representative of all who practice as lawyers, is a
responsible body, not only to the lawyers who are represented in it, but
to and in the State on behalf of the legal profession. It is responsible
for the honour and good conduct of lawyers. It is responsible for the
economic maintenance of its constituents. No lawyer is allowed to practice
except by consent of the Legal Council--that is to say, except by the
consent of all other lawyers. The legal profession as a whole--in the
legal sense, as a Person--protects its own honour, protects the individual
lawyer, protects the public interest (in theory, at least), and requires a
guarantee of efficiency and rectitude from every lawyer before he is
allowed to practice his profession.
Public-domain text, read in full here on John Shaqi.
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