John M. Kelly (politician)
Encyclopedia
John Maurice Kelly was an Irish
legal academic and senior Fine Gael
politician.
in Dublin 4
and at the Glenstal Abbey boarding school
in County Limerick
, respectively.
He attended University College Dublin
between 1949 and 1954, and carried out postgraduate studies in the University of Heidelberg, from 1954 to 1956. His thesis was published in 1957 as "Princeps Iudex".
in Trinity College, Oxford
.
He was a distinguished academic, serving for many years as Professor of Constitutional law
, Roman law
and Jurisprudence
in University College Dublin. He was author of the standard work on the Constitution of Ireland
; though published after Kelly's death, the third and later editions of this work still bear his name in honour of the original book. He was instrumental in the revival of the Irish law journal The Irish Jurist in the 1960s.
as a Fine Gael
candidate for the Dublin South Central
constituency, he was not elected to Dáil Éireann
but was subsequently elected to Seanad Éireann
on the Cultural and Educational Panel. He was first elected to Dáil Éireann on his second attempt at 1973 general election
as a Fine Gael Teachta Dála
(TD). He retained his seat until his retirement from politics at the 1989 general election
. He served in the Government of Liam Cosgrave
(1973–77) as Parliamentary Secretary to the Taoiseach
and while keeping that post also served as Parliamentary Secretary to the Minister for Defence until March 1977, and which point he became Attorney General
, succeeding Declan Costello
upon the latter's appointment to the High Court.
He served in the first Cabinet under Garret FitzGerald
from 1981 until 1982. He was named as minister in the Department of Industry, Commerce and Tourism, before assuming the new post of Minister for Trade, Commerce and Tourism, which FitzGerald created specially through the division of the old Industry and Commerce into the Departments of Trade, Commerce, and Tourism and Industry & Energy. (The restructuring of the departments could not legally take place, however, until the Ministers and Secretaries Act 1924
, which defined the names and responsibilities of departments, was amended; this happened in August 1981 by ministerial order under the Ministers and Secretaries (Amendment) Act, 1939).
Kelly was also appointed acting Minister for Foreign Affairs. FitzGerald planned to make colleague Senator James Dooge
a cabinet minister, but he could not be appointed to cabinet until he had been appointed to the Seanad
and that could not happen for some months because appointments can only take place after the general election for the Seanad have been held. (This normally takes place approximately sixty days after the holding of the Dáil general election.) Dooge finally assumed office in October 1981. As a result Kelly found himself throughout the period shifting departments, briefs and titles.
Kelly declined appointment to FitzGerald's second administration (1982–1987). He did not seek re-election to the Dáil in the 1989 general election
.
Non-Fiction:
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
legal academic and senior Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
politician.
Education
Kelly received his primary and secondary education at St Conleth's CollegeSt Conleth's College
St. Conleth's College is a fee-paying Catholic school in Dublin, Ireland, founded in 1939, by Bernard Sheppard, who ran the school from 16 Clyde Road until due to demand the school was upgraded to the larger premises at 28 Clyde Road....
in Dublin 4
Dublin 4
Dublin 4 is a postal district of Dublin, Ireland including the suburbs of Sandymount, Ballsbridge, Donnybrook, Ringsend and Irishtown on the South side of Dublin....
and at the Glenstal Abbey boarding school
Glenstal Abbey School
Glenstal Abbey School is a fee-paying seven-day boarding secondary school for boys, located on the grounds of Glenstal Abbey, in Murroe, County Limerick. It is run by monks of the Benedictine order. The student body totals around 200.- History :...
in County Limerick
County Limerick
It is thought that humans had established themselves in the Lough Gur area of the county as early as 3000 BC, while megalithic remains found at Duntryleague date back further to 3500 BC...
, respectively.
He attended University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
between 1949 and 1954, and carried out postgraduate studies in the University of Heidelberg, from 1954 to 1956. His thesis was published in 1957 as "Princeps Iudex".
Academic career
In the early 1960s, Kelly held a position as a donUniversity don
A don is a fellow or tutor of a college or university, especially traditional collegiate universities such as Oxford and Cambridge in England.The term — similar to the title still used for Catholic priests — is a historical remnant of Oxford and Cambridge having started as ecclesiastical...
in Trinity College, Oxford
Trinity College, Oxford
The College of the Holy and Undivided Trinity in the University of Oxford, of the foundation of Sir Thomas Pope , or Trinity College for short, is one of the constituent colleges of the University of Oxford in England. It stands on Broad Street, next door to Balliol College and Blackwells bookshop,...
.
He was a distinguished academic, serving for many years as Professor of Constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and Jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
in University College Dublin. He was author of the standard work on the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
; though published after Kelly's death, the third and later editions of this work still bear his name in honour of the original book. He was instrumental in the revival of the Irish law journal The Irish Jurist in the 1960s.
Political career
He first stood for election in the 1969 general electionIrish general election, 1969
The Irish general election of 1969 was held on 18 June 1969. The newly elected members of the 19th Dáil assembled at Leinster House on 2 July when the new Taoiseach and government were appointed...
as a Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
candidate for the Dublin South Central
Dublin South Central (Dáil Éireann constituency)
Dublin South–Central is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies...
constituency, he was not elected to Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
but was subsequently elected to Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
on the Cultural and Educational Panel. He was first elected to Dáil Éireann on his second attempt at 1973 general election
Irish general election, 1973
The Irish general election of 1973 was held on 28 February 1973. The newly elected 144 members of the 20th Dáil assembled at Leinster House on 4 March when the new Taoiseach and government were appointed....
as a Fine Gael Teachta Dála
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
(TD). He retained his seat until his retirement from politics at the 1989 general election
Irish general election, 1989
The Irish general election of 1989 was held on Thursday, 15 June 1989, three weeks after the dissolution of the Dáil on 25 May. The newly elected 166 members of the 26th Dáil assembled at Leinster House on 29 June...
. He served in the Government of Liam Cosgrave
Liam Cosgrave
Liam Cosgrave is an Irish Fine Gael politician who served as Taoiseach and as Leader of Fine Gael . He was a Teachta Dála from 1943 to 1981....
(1973–77) as Parliamentary Secretary to the Taoiseach
Minister of State at the Department of the Taoiseach
The Minister of State at the Department of the Taoiseach, officially styled as the Minister of State at the Departments of the Taoiseach and Defence with special responsibility as Government Chief Whip, is the Chief Whip of the Government of Ireland and is the most senior Minister of State...
and while keeping that post also served as Parliamentary Secretary to the Minister for Defence until March 1977, and which point he became Attorney General
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
, succeeding Declan Costello
Declan Costello
Declan Costello was an Irish jurist and Fine Gael party politician, who served as a Teachta Dála for twenty years, as Attorney General for four years and as a High Court judge for another twenty years before his retirement....
upon the latter's appointment to the High Court.
He served in the first Cabinet under Garret FitzGerald
Garret FitzGerald
Garret FitzGerald was an Irish politician who was twice Taoiseach of Ireland, serving in office from July 1981 to February 1982 and again from December 1982 to March 1987. FitzGerald was elected to Seanad Éireann in 1965 and was subsequently elected to Dáil Éireann as a Fine Gael TD in 1969. He...
from 1981 until 1982. He was named as minister in the Department of Industry, Commerce and Tourism, before assuming the new post of Minister for Trade, Commerce and Tourism, which FitzGerald created specially through the division of the old Industry and Commerce into the Departments of Trade, Commerce, and Tourism and Industry & Energy. (The restructuring of the departments could not legally take place, however, until the Ministers and Secretaries Act 1924
Ministers and Secretaries Act 1924
The Ministers and Secretaries Act, 1924 was one of the key statute laws enacted by the Irish Free State. Two years earlier the Irish Free State Constitution had provided for the formation of a cabinet called the Executive Council...
, which defined the names and responsibilities of departments, was amended; this happened in August 1981 by ministerial order under the Ministers and Secretaries (Amendment) Act, 1939).
Kelly was also appointed acting Minister for Foreign Affairs. FitzGerald planned to make colleague Senator James Dooge
James Dooge
James Clement Dooge was an Irish politician, engineer, climatologist, hydrologist and academic. Dooge had a profound effect on the debate on climate change, in the world of hydrology and in politics in the formation of the European Union.Dooge lived a multifaceted existence with his roles...
a cabinet minister, but he could not be appointed to cabinet until he had been appointed to the Seanad
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
and that could not happen for some months because appointments can only take place after the general election for the Seanad have been held. (This normally takes place approximately sixty days after the holding of the Dáil general election.) Dooge finally assumed office in October 1981. As a result Kelly found himself throughout the period shifting departments, briefs and titles.
Kelly declined appointment to FitzGerald's second administration (1982–1987). He did not seek re-election to the Dáil in the 1989 general election
Irish general election, 1989
The Irish general election of 1989 was held on Thursday, 15 June 1989, three weeks after the dissolution of the Dáil on 25 May. The newly elected 166 members of the 26th Dáil assembled at Leinster House on 29 June...
.
Publications
Fiction:- Matters of Honour [as John Boyle] (London, New Authors Limited, 1964)
- The Polling of the Dead (Moytura Press, 1993) ISBN 1-871305-18-7
Non-Fiction:
- Fundamental rights in the Irish law and Constitution (2nd ed., Oceana Publications, 1968) ISBN 0-379-00075-X
- Studies in the civil judicature of the Roman Republic (Oxford, Clarendon Press, 1976) ISBN 0-19-825337-0
- Belling the cats: Selected speeches and articles of John Kelly (Dublin, Moytura Press, 1992) ISBN 1-871305-08-X
- A Short History of Western Legal Theory (Oxford University Press, 1992) ISBN 0-19-876244-5
- The Irish Constitution (4th ed., LexisNexis Butterworth, 2003) ISBN 1-85475-895-0
The John M. Kelly Memorial Lecture
Since 1994, University College Dublin has hosted an annual John M. Kelly Memorial Lecture on law, with international legal experts asked to deliver papers. The lectures to date include:- (November 1994) Savigny in the Strand -- the Rt. Hon, the Lord Rodger of Earlsferry QC
- (16 November 1995) Harassment and Hubris: The Right to an Equality of Respect -- Prof. Peter Birks, Regius Professor of Civil Law at the University of Oxford
- (14 November 1996) A Sense of Proportionality -- the Rt. Hon, the Lord Leonard Hoffman
- (October 1997) Towards a Supreme Court? The British Experience -- Michael Beloff, QC and President of Trinity College Oxford
- (November 1998)
- (October 1999) Stands Scotland where she did? New Unions for Old in these Islands -- Prof Neil MacCormick
- (November 2000)
- (1 November 2001) Corrective and Distributive Justice in Tort Law -- the Rt. Hon, the Lord Steyn
- (15 November 2002) Scholarship, Reputation of Scholarship, and Legacy: Provocative Reflections from a Comparatist’s Point of View -- Prof. Basil MarkesinisBasil MarkesinisSir Basil Markesinis QC, DCL, FBA is a scholar of law and Jamail Regents Professor at the University of Texas at Austin, and was Professor of Common and Civil Law, University College London.-Early life and education :...
QC - (5 November 2003) Liability for Non-Conformity: The new system of remedies in German sales' law and its historical context -- Prof. Reinhard Zimmermann
- (21 January 2005) Law Maker or Law Reformer - what is a Law Lady for? -- the Rt. Hon, the Baroness Brenda Hale of Richmond
The Irish Jurist Memorial Issue
Volumes XXV- XXVII of The Irish Jurist (ISBN 1-85800-043-2), covering the years 1990-1992, were published in memory of John Kelly.External links
- John M. Kelly's electoral history (ElectionsIreland.org)