John O'Byrne
Encyclopedia
John O'Byrne was the second Attorney-General of the Irish Free State
, serving between 7 June 1924 and 9 January 1926.
, in Ireland
. He was educated at the Patrician Monastery, Tullow
, County Carlow
, and studied Moral and Mental Science at the Royal University
, where he graduated in 1907 in First Place with First Class Honours. He was awarded a Master of Arts degree in 1908.
He joined the Land Commission, where he acquired an intimate knowledge of the system of real property and land tenure in Ireland. Subsequently, he studied at King's Inns, Dublin, and was called to the Irish Bar in 1911, where he practised mainly in real property.
He stood as a pro-Treaty Sinn Féin
candidate at the 1922 general election
for the Wexford
constituency but was not elected. In 1922 he was appointed by the Provisional Government of Southern Ireland to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, commonly known as the Irish Free State Constitution Commission. It prepared a draft Constitution. He was thus one of the constitutional architects of the Irish Free State.
In 1923 he was appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission was chaired by the last Lord Chief Justice of Ireland
(who had also been the last Lord Chancellor of Ireland
). It drafted legislation for a new system of courts, including a High Court and a Supreme Court, and provided for the abolition of the Irish Court of Appeal.
He was appointed King's Counsel in 1924, the last barrister in the Free State to receive the rank. He was also a delegate of the Irish Free State to the League of Nations
in the same year.
was appointed Chief Justice
. His photograph appears at http://www.gov.ie/ag/gallery/prevag1.htm.
in 1940. He was also Chairman of the Irish Legal Terms Advisory Committee from 14 May 1948 to 13 May 1953.
Another High Court judge Kenneth Deale writing extra judicially in " Beyond Any Reasonable Doubt ", a collection of celebrated Irish murder trials, offers some interesting insights into O'Byrne's strengths and weaknesses as a judge. Deale praises him as a sound and experienced lawyer, conscientious, principled and level-headed. However he believed he had one flaw- he was excessively strong minded and having made up his mind was most reluctant to change it. This in Deale's view was a problem especially in criminal trials where it is hard to believe a jury would not be greatly influenced by the summing up of so formidable and strong minded a judge.
He married Marjorie O'Byrne, née McGuire, in 1924. He lived at Stonehurst, Killiney, County Dublin. He died in his office on 14 January 1954. His widow brought a celebrated test case arguing that judges could not be required to pay income tax as this breached the Constitutional guarantee that their incomes shall not be reduced. The Supreme Court decided by a 3-2 majority that judges are liable to pay income tax.
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...
, serving between 7 June 1924 and 9 January 1926.
Early life
He was born on 24 April 1884, the fourth son of Patrick O’Byrne and Mary O'Byrne née Tallon, of Seskin, County WicklowCounty Wicklow
County Wicklow is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the town of Wicklow, which derives from the Old Norse name Víkingalág or Wykynlo. Wicklow County Council is the local authority for the county...
, in Ireland
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...
. He was educated at the Patrician Monastery, Tullow
Tullow
Tullow is a town in County Carlow, Ireland. It is located on the River Slaney where the N81 road intersects with the R762.-History:There is a statue of Father John Murphy, one of the leaders of the 1798 Rebellion, who was captured near Tullow and executed in the Market Square on 2 July...
, County Carlow
County Carlow
County Carlow is a county in Ireland. It is part of the South-East Region and is also located in the province of Leinster. It is named after the town of Carlow, which lies on the River Barrow. Carlow County Council is the local authority for the county...
, and studied Moral and Mental Science at the Royal University
Royal University of Ireland
The Royal University of Ireland was founded in accordance with the University Education Act 1879 as an examining and degree-awarding university based on the model of the University of London. A Royal Charter was issued on April 27, 1880 and examinations were opened to candidates irrespective of...
, where he graduated in 1907 in First Place with First Class Honours. He was awarded a Master of Arts degree in 1908.
He joined the Land Commission, where he acquired an intimate knowledge of the system of real property and land tenure in Ireland. Subsequently, he studied at King's Inns, Dublin, and was called to the Irish Bar in 1911, where he practised mainly in real property.
He stood as a pro-Treaty Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
candidate 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...
for the Wexford
Wexford (Dáil Éireann constituency)
Wexford is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies...
constituency but was not elected. In 1922 he was appointed by the Provisional Government of Southern Ireland to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, commonly known as the Irish Free State Constitution Commission. It prepared a draft Constitution. He was thus one of the constitutional architects of the Irish Free State.
In 1923 he was appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission was chaired by the last Lord Chief Justice of Ireland
Lord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
(who had also been the last Lord Chancellor of Ireland
Lord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
). It drafted legislation for a new system of courts, including a High Court and a Supreme Court, and provided for the abolition of the Irish Court of Appeal.
He was appointed King's Counsel in 1924, the last barrister in the Free State to receive the rank. He was also a delegate of the Irish Free State to the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
in the same year.
Attorney-General
On 7 June 1924 he was appointed the second Attorney-General of the Irish Free State when Hugh KennedyHugh 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...
was appointed Chief Justice
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
. His photograph appears at http://www.gov.ie/ag/gallery/prevag1.htm.
Justice of the High Court and the Supreme Court
On 9 January 1926 he was appointed a Justice of the High Court, upon which he served until he was appointed to the Supreme CourtSupreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
in 1940. He was also Chairman of the Irish Legal Terms Advisory Committee from 14 May 1948 to 13 May 1953.
Another High Court judge Kenneth Deale writing extra judicially in " Beyond Any Reasonable Doubt ", a collection of celebrated Irish murder trials, offers some interesting insights into O'Byrne's strengths and weaknesses as a judge. Deale praises him as a sound and experienced lawyer, conscientious, principled and level-headed. However he believed he had one flaw- he was excessively strong minded and having made up his mind was most reluctant to change it. This in Deale's view was a problem especially in criminal trials where it is hard to believe a jury would not be greatly influenced by the summing up of so formidable and strong minded a judge.
He married Marjorie O'Byrne, née McGuire, in 1924. He lived at Stonehurst, Killiney, County Dublin. He died in his office on 14 January 1954. His widow brought a celebrated test case arguing that judges could not be required to pay income tax as this breached the Constitutional guarantee that their incomes shall not be reduced. The Supreme Court decided by a 3-2 majority that judges are liable to pay income tax.