Gerald Fitzgibbon
Encyclopedia
Gerald Fitzgibbon was an Irish
barrister, independent
Teachta Dála
(TD) and one of the original judges of the Supreme Court of Ireland. He came from a legal family: his father (also Gerald Fitzgibbon) was a Lord Justice of the pre-independence Court of Appeal.
He was elected unopposed to the House of Commons of Southern Ireland at the 1921 elections
, representing the University of Dublin constituency as an independent Unionist
, he did not participate in the Second Dáil. He was re-elected for the same constituency at the 1922 general election
and became a member of the Third Dáil
. He did not contest the 1923 general election
.
In 1924, the forced retirement of almost all the judges of the former regime made the finding of suitable replacements a serious problem. Hugh Kennedy
, the new Chief Justice recommended Fiztgibbon as a judge of the Supreme Court simply on account of his legal ability, despite their serious differences on political issues .Kennedy may have come to regret his decision as his diary records the increasing tension between them; Fitzgibbon, a Protestant Unionist had little sympathy with an increasingly Catholic Free State. The tension came to a head in 1935 when Fitzgibbon was in the majority in State (Ryan) v Lennon; in a judgement written in an extraordinary bitter, mocking style he found that the Irish Constitution of 1922 contained provisions for its own amendment which allowed suspension of the most basic human rights. Despite his obvious unhappiness he remained on the Court until he reached retirement age in 1938.
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
barrister, independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
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) and one of the original judges of the Supreme Court of Ireland. He came from a legal family: his father (also Gerald Fitzgibbon) was a Lord Justice of the pre-independence Court of Appeal.
He was elected unopposed to the House of Commons of Southern Ireland at the 1921 elections
Irish elections, 1921
Two elections in Ireland took place in 1921, as a result of the Government of Ireland Act 1920 to establish the House of Commons of Northern Ireland and the House of Commons of Southern Ireland. The election was used by Irish Republicans as the basis of membership of the Second Dáil...
, representing the University of Dublin constituency as an independent Unionist
Unionism in Ireland
Unionism in Ireland is an ideology that favours the continuation of some form of political union between the islands of Ireland and Great Britain...
, he did not participate in the Second Dáil. He was re-elected for the same constituency at the 1922 general election
Irish general election, 1922
The Irish general election of 1922 took place in Southern Ireland on 16 June 1922, under the provisions of the 1921 Anglo-Irish Treaty to elect a constituent assembly paving the way for the formal establishment of the Irish Free State...
and became a member of the Third Dáil
Third Dáil
The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was:*the "provisional parliament" or "constituent assembly" of Southern Ireland from 9 August 1922 until 6 December 1922; and...
. He did not contest the 1923 general election
Irish general election, 1923
The Irish general election of 1923 was held on 27 August 1923. The newly elected members of the 4th Dáil assembled at Leinster House on 19 September when the new President of the Executive Council and Executive Council of the Irish Free State were appointed. The election was held just after the end...
.
In 1924, the forced retirement of almost all the judges of the former regime made the finding of suitable replacements a serious problem. Hugh Kennedy
Hugh Kennedy
Hugh Kennedy was the only Attorney-General of Southern Ireland and the first Attorney-General of the Irish Free State, and later the first Chief Justice of the Irish Free State. As a member of the Irish Free State Constitution Commission, he was also one of the constitutional architects of the...
, the new Chief Justice recommended Fiztgibbon as a judge of the Supreme Court simply on account of his legal ability, despite their serious differences on political issues .Kennedy may have come to regret his decision as his diary records the increasing tension between them; Fitzgibbon, a Protestant Unionist had little sympathy with an increasingly Catholic Free State. The tension came to a head in 1935 when Fitzgibbon was in the majority in State (Ryan) v Lennon; in a judgement written in an extraordinary bitter, mocking style he found that the Irish Constitution of 1922 contained provisions for its own amendment which allowed suspension of the most basic human rights. Despite his obvious unhappiness he remained on the Court until he reached retirement age in 1938.