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Tag Archives: Adrian Hardiman


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Birth of Frank Clarke, Former Chief Justice of Ireland

George Bernard Francis Clarke, Irish barrister who is Chief Justice of Ireland from July 2017 to October 2021, is born on October 10, 1951, in Walkinstown, Dublin. He has a successful career as a barrister for many years, with a broad practice in commercial law and public law. He is the chair of the Bar Council of Ireland between 1993 and 1995. He is appointed to the High Court in 2004 and becomes a judge of the Supreme Court of Ireland in February 2012. Following his retirement from the bench, he returns to work as a barrister. Across his career as a barrister and a judge, he is involved in many seminal cases in Irish legal history.

Clarke is the son of a customs officer who dies when he is aged eleven. His mother is a secretary. He is educated at Drimnagh Castle Secondary School, a Christian Brothers secondary school in Dublin. He wins the Dublin Junior High Jump Championship in 1969. He studies Economics and Maths at undergraduate level at University College Dublin (UCD), while concurrently studying to become a barrister at King’s Inns. He is the first of his family to attend third level education and is able to attend university by receiving grants. While attending UCD, he loses an election to Adrian Hardiman to become auditor of the Literary and Historical Society (L&H).

Clarke joins Fine Gael after leaving school. He is a speechwriter for Taoiseach Garret FitzGerald and election agent for George Birmingham. He then subsequently, himself, runs for election to Seanad Éireann. He campaigns against the Eighth Amendment of the Constitution of Ireland in 1983 and in favour of the unsuccessful Tenth Amendment of the Constitution Bill 1986. He chairs a meeting of family lawyers in 1995 supporting the successful second referendum on divorce.

Clarke is called to the Bar in 1973 and to the Inner Bar in 1985. He has a practice in commercial, constitutional and family law. Two years after commencing practice he appears as junior counsel for the applicant in State (Healy) v Donoghue before the Supreme Court, which establishes a constitutional right to legal aid in criminal cases.

Clarke represents Michael McGimpsey and his brother Christopher in a challenge against the constitutionality of the Anglo-Irish Agreement, which is ultimately unsuccessful in the Supreme Court in 1988.

Clarke appears for the plaintiff with Michael McDowell and Gerard Hogan in Cox v Ireland in 1990, where the Supreme Court first introduces proportionality into Irish constitutional law and discovers the right to earn a livelihood. He represents Seán Ardagh and the Oireachtas Subcommittee formed after the death of John Carthy in a constitutional case which limits the powers of investigation of the Oireachtas, which leads to the unsuccessful Thirtieth Amendment of the Constitution. In an action taken by tobacco companies to challenge the legality of bans on tobacco advertising, he appears for the State.

Clarke is twice appointed by the Supreme Court for the purpose of Article 26 references. He argues on behalf of the Law Society of Ireland in a referral regarding the Adoption (No. 2) Bill 1987. He is appointed by the Supreme Court to appear to argue on behalf of the rights of the mother in In re Article 26 and the Regulation of Information (Services outside the State for Termination of Pregnancies) Bill 1995. In 1994, President Mary Robinson requests him to provide her with legal advice on the presidential prerogative to refuse to dissolve Dáil Éireann.

Clarke is external counsel to the Commission to Inquire into Child Abuse and represents the Flood Tribunal in its case against Liam Lawlor and the State in Charles Haughey‘s challenge to the legality of the Moriarty Tribunal. He and George Birmingham also appear for Fine Gael at the Flood Tribunal, and he represents the public interest at the Moriarty Tribunal. He is a legal advisor to an inquiry into the deposit interest retention tax (DIRT) conducted by the Public Accounts Committee, along with future judicial colleagues Paul Gilligan and Mary Irvine.

Clarke is Chairman of the Bar Council of Ireland from 1993 to 1995. Between 1999 and 2004, he acts as chair of Council of King’s Inns. He is a professor at the Kings’s Inns between 1978 and 1985 and is appointed an adjunct professor at University College Cork (UCC) in 2014. He also serves as an adjunct professor at Trinity College Dublin (TCD).

Clarke acts as a chair of the Employment Appeals Tribunal while still in practice. He is also a steward of the Turf Club and the chairman of Leopardstown Racecourse. He was due to take over as senior steward of the Turf Club but does not do so due to his appointment to the High Court.

Clarke is appointed as a High Court judge in 2004. He is chairman of the Referendum Commission for the second Lisbon Treaty referendum in 2009. As a High Court judge he gives a ruling on the Leas Cross nursing home case against RTÉ, that the public interest justifies the broadcasting of material that otherwise would have been protected by the right to privacy. He frequently presides over the Commercial Court during his time at the High Court. He is involved in the establishment of two High Court lists in Cork, Chancery and a Non-Jury List.

Clarke is appointed to the Supreme Court on February 9, 2012, and serves as Chief Justice from October 2017 until his retirement on October 10, 2021, required by law on his 70th birthday. In March 2021, the Cabinet begins the process of identifying his successor. Donal O’Donnell is selected to replace him. His final day in court is October 8, 2021, where judges, lawyers and civil servants make a large number of tributes to him. Mary Carolan of The Irish Times says that under his leadership the Supreme Court is “perhaps the most collegial it had been in some time.”

Following his retirement from the judiciary, Clarke resumes his practice as a barrister and rejoins the Bar of Ireland. Under the rules of the Bar of Ireland, he cannot appear before a court of equal or lesser jurisdiction to that on which he sat as a judge. Given that he was the most senior judge in Ireland, he cannot appear in any court in Ireland. He can appear in the European Union (EU) courts. However, he indicates his intention to focus on mediation and arbitration work.

In June 2022, Clarke is sworn in as judge of the court of appeal of the Dubai International Financial Centre (DIFC) courts but resigns a few days later following criticism from barrister and Labour Party leader, Ivana Bacik.

Clarke has been married to Dr. Jacqueline Hayden since 1977. They have a son and a daughter. He is interested in rugby and horse racing, at one point owning several horses.


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”