The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
“I desire it to be thoroughly understood that the execution of the
decrees of the judiciary in this country does not depend—as it
does not, I believe, in any civilised country—upon the will of the
Executive who, for the moment, may happen to be in office. Into
the execution of our writ we cannot allow any question of party
politics to enter. If the law be wrong, let the law be altered by
the Legislature, and the judges will, at the moment, carry out the
law as altered. They cannot look beyond the law. They cannot, in
the administration of that law, contemplate alterations at a
future time. Their sworn duty is to give to him who asks it that
which he is entitled to by law. It is not competent to them, or to
any other person, to go behind the law and to ask whether, in his
own opinion, or in the opinion of others, the law is just or
unjust. With them the only consideration must be that is the law.
They are bound to pronounce the law. From that pronouncement there
is an appeal to the highest court in the realm. But when judgment
is once given—the judgment of a court of law, acting within the
scope of its jurisdiction—it is not competent to anyone in this
kingdom, I care not how high he may be, to say that a writ
regularly issued on foot of that judgment shall not be executed,
or to prevent those who by law are bound to aid in its execution
from giving that aid and assistance which the Constitution
requires.”
In 1893 the County Inspector of the Royal Irish Constabulary in County
Kerry, by the direction of the Executive, refused the assistance of the
Constabulary to the Sheriff of the County, when he desired to execute
certain writs of the superior Courts in the night time. The Sheriff
thereupon applied to the Queen’s Bench Division for an attachment against
the County Inspector, and the Court unanimously made the order.(116) The
Lord Chief Justice (Lord O’Brien) in giving judgment said (p. 238):
Public-domain text, read in full here on John Shaqi.
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