John MacMenamin

Last updated

Lia O'Hegarty
​
(m. 2004)​
John MacMenamin
Judge of the Supreme Court
In office
15 March 2012 –24 November 2022
Children1
Education Terenure College
Alma mater

John Eoin MacMenamin (born 25 November 1952) is a retired Irish judge who served as a Judge of the Supreme Court from 2012 to 2022 and a Judge of the High Court from 2004 to 2012. [1]

Contents

Early career

MacMenamin was born in Dublin in 1952 and educated at Terenure College. [2] [3] He studied history at University College Dublin, where he was involved with the UCD L&H. [4] He subsequently attended the King's Inns. [5] He was called to the Bar in 1975, and became a Senior Counsel in 1991. [1] He was a council member of the Free Legal Advice Centres while studying. [5] While working at a FLAC centre in Tallaght, he spoke to the mother of a young defendant who had not had representation and initiated contact with other lawyers on the matter which eventually led to the case State (Healy) v Donoghue. [4] The case established a constitutional right to legal aid in criminal cases. [6]

At the bar, he had a mixed practice, with an emphasis on administrative law, defamation and commercial law. [5] [3] He represented the Sunday Independent in a libel case taken by Proinsias De Rossa and again in the first blasphemy case taken since the country's foundation in Corway v. Independent Newspapers . [7] He was a legal adviser to the Medical Council of Ireland and was involved in a long-running case involving neurosurgery at Beaumont Hospital, Dublin. [5] [8]

He appeared for several clients at the Mahon Tribunal and for the Department of Education at the Laffoy Commission. [5] [9]

He was Chairman of the Bar Council from 1997 to 1999. [5] During his tenure, there was an increase in the fees paid to barristers taking part in the criminal legal aid scheme, following a dispute between the government and the barristers. [3] He was a member of the board of the VHI between 1995 and 1997. [5]

Judicial career

High Court

He was appointed a High Court judge in 2004 on the same day as future Supreme Court colleagues Frank Clarke and Elizabeth Dunne. [10] [11] He presided primarily over judicial review and constitutional cases. He was a member of the Special Criminal Court from 2009. [5] Towards the end of his time at the High Court he was the Judge-in-Charge of the Minors' List, dealing with sensitive cases involving children. [12]

Supreme Court

He was appointed to the Supreme Court in March 2012. [13]

In January 2020, he marched in Warsaw, Poland, with other senior judges from across Europe arising out of issues surrounding the 2015 Polish Constitutional Court crisis. [14] He carried letters of solidarity from the Association of Judges of Ireland. [15]

MacMenamin retired in November 2022. [2] [16] [17]

Personal life

He married Lia O’Hegarty, a lawyer, in 2004, in Rome. [3] [18] They have one daughter. [19]

He was formerly involved with Fine Gael, working as speechwriter for Taoiseach Garret FitzGerald and a lead adviser to Michael Noonan during the 2002 general election. [4] [12]

Related Research Articles

In Ireland, the state retains laws that allow for censorship, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and pornography, among others. In the early years of the state, censorship was more widely enforced, particularly in areas that were perceived to be in contradiction of Roman Catholic dogma, including abortion, sexuality and homosexuality. The church had banned many books and theories for centuries, listed in the Index Librorum Prohibitorum.

<span class="mw-page-title-main">Susan Denham</span> Irish judge

Susan Jane Denham, SC is a retired Irish judge who served as Chief Justice of Ireland from 2011 to 2017, she was the first woman to hold the position. She served as a Judge of the Supreme Court from 1992 to 2017, and was the third longest-serving member of the court on her retirement. She also served as a Judge of the High Court from 1991 to 1992.

Paul Gallagher SC is an Irish barrister who was Attorney General of Ireland from 2007 to 2011 and again between 2020 and 2022. During his first term as Attorney General, there was a period of significant economic difficulty in the Republic of Ireland, causing him to advise on the bank guarantee scheme, the establishment of the National Asset Management Agency and the Troika programme.

George Bernard Francis Clarke is an Irish barrister who was Chief Justice of Ireland from July 2017 to October 2021.

In Ireland, "publication or utterance of blasphemous matter", defamatory of any religion, was a criminal offence until 17 January 2020. It was a requirement of the 1937 Constitution until removed after a 2018 referendum. The common law offence of blasphemous libel, applicable only to Christianity and last prosecuted in 1855, was believed to fulfil the constitutional requirement until a 1999 ruling that it was incompatible with the constitution's guarantee of religious equality. The Defamation Act 2009 included a provision intended to fill the lacuna while being "virtually impossible" to enforce, and no prosecution was made under it. The 2009 statute increased controversy, with proponents of freedom of speech and freedom of religion arguing for amending the constitution. After the 2018 constitutional amendment, a separate bill to repeal the 2009 provision and residual references to blasphemy was enacted in 2019 by the Oireachtas (parliament) and came into force in 2020. The Prohibition of Incitement to Hatred Act 1989, which includes religion among the characteristics protected from incitement to hatred, remains in force.

William Martin McKechnie, SC is an Irish judge who served as a Judge of the Supreme Court from 2010 and 2021 and a Judge of the High Court from 2000 to 2010.

Donal Gerard O'Donnell, SC is an Irish judge who is the Chief Justice of Ireland since October 2021. He has served as a Judge of the Supreme Court of Ireland since January 2010. He practised as a barrister between 1982 and 2010, specialising in commercial law and public law.

The Thirty-third Amendment of the Constitution Act 2013 is an amendment to the Constitution of Ireland which established a Court of Appeal to sit between the existing High and Supreme Courts for the purpose of taking over most of the appellate jurisdiction of the Supreme Court. The amendment was approved by the electorate in a referendum on 4 October 2013, and then signed into law by President Michael D. Higgins on 1 November 2013.

Peter Mitchel Andrew Charleton is an Irish judge who has served as a Judge of the Supreme Court of Ireland since June 2014. He previously served as a Judge of the High Court from 2006 to 2014.

Peter Thomas Kelly is a retired Irish judge who served as President of the High Court from 2015 to 2020 and a Judge of the High Court from 2015 to 2020, and previously from 1996 to 2014, and a Judge of Court of Appeal from 2014 to 2015. He was an ex officio member of the Supreme Court of Ireland while President of the High Court.

Gerard William Augustine Hogan, is an Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021. He previously served as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. Hogan first worked as a barrister and lecturer in law specialising in constitutional and administrative law.

Mary Finlay Geoghegan is a retired Irish judge and lawyer. She was appointed to the High Court in 2002 and promoted to a newly established Court of Appeal from 2014. She became a Judge of the Supreme Court of Ireland from 2017, before retiring in 2019.

Séamus Philip Woulfe is an Irish judge and lawyer who has served as a Judge of the Supreme Court of Ireland since July 2020. He previously served as Attorney General of Ireland from 2017 to 2020. Prior to holding public office, he was a barrister with a practice in the areas of commercial and public law.

Max Barrett is an Irish judge who has served as a Judge of the High Court since January 2014.

Brian R. Murray is an Irish judge and lawyer who has served as a Judge of the Supreme Court since February 2022. He previously served as a Judge of the Court of Appeal from 2019 to 2022.

David Barniville is an Irish judge who has served as President of the High Court since July 2022 and a Judge of the High Court since July 2022, and previously from 2017 to 2021. He previously served as a Judge of the Court of Appeal from 2021 to 2022. He is also a former Chair of the Bar Council of Ireland. He is an ex officio member of the Supreme Court and the Court of Appeal.

Tony O'Connor is an Irish judge who has served as a Judge of the High Court since October 2015. He began his legal career as a commercial solicitor, before becoming a barrister in 1991.

Michael MacGrath is an Irish judge and lawyer who has served as a Judge of the High Court since January 2018.

Séamus Anthony Henchy was an Irish judge, barrister, and academic who served as a Judge of the Supreme Court of Ireland between 1972 and 1988 and a Judge of the High Court from 1962 to 1972. Many of Henchy's judgments are considered to be influential in the development of Irish constitutional law.

<i>Child and Family Agency (Formerly Health Service Executive) v OA</i> Supreme Court of Ireland case

Child and Family Agency v O.A.[2015] IESC 52, also known as Child and Family Agency (Tusla) v OA, is an Irish Supreme Court case which determined the appropriateness of awarding costs in child care cases where there was an unsuccessful parental challenge to an application made by the Child and Family Agency (CFA). The Supreme Court established that there are circumstances where it might be suitable to award costs to unsuccessful parents who privately retained legal counsel; these being if the CFA "acted capriciously, arbitrarily or unreasonably in commencing or maintaining the proceedings", if "the outcome was particularly clear or compelling", or if it would be "particularly unjust towards the parents to award costs against them". It was stated that the District Court must outline its reasoning regarding a decision to award costs in such cases, holding that the Circuit Court should only reverse District Court decisions if the outlined principles and criteria are not followed.

References

  1. 1 2 "Appointments to the Supreme Court". MerrionStreet.ie. 29 February 2012. Archived from the original on 21 October 2019. Retrieved 27 April 2020.
  2. 1 2 Carolan, Mary (25 November 2022). "There 'cannot be one law for the rich and one law for others', says retiring Supreme Court judge". The Irish Times. Retrieved 26 November 2022.
  3. 1 2 3 4 "Mr John MacMenamin SC". The Irish Times. 10 November 2004. Archived from the original on 23 September 2021. Retrieved 27 April 2020.
  4. 1 2 3 Mac Cormaic, Ruadhán (2016). The Supreme Court. Penguin Books. ISBN   978-1844883400.
  5. 1 2 3 4 5 6 7 8 "2018 Supreme Court Annual Report" (PDF). Supreme Court. Archived (PDF) from the original on 21 December 2019. Retrieved 21 April 2019.
  6. ↑ State (Healy) v Donoghue,1 I.R.325( Supreme Court of Ireland 1976).
  7. ↑ Coulter, Carol (31 July 1999). "Court unable to state what blasphemy is". The Irish Times. Archived from the original on 23 September 2021. Retrieved 27 April 2020.
  8. ↑ Coulter, Carol (2 September 1997). "Chairman has long link with FG". The Irish Times. Archived from the original on 23 September 2021. Retrieved 27 April 2020.
  9. ↑ "Commission to Inquire into Child Abuse: Third Interim Report" (PDF). childabusecommission.ie. Archived (PDF) from the original on 24 September 2020. Retrieved 27 April 2020.
  10. ↑ "Iris Oifigiúil - 19 November 2004, No. 93, 1234" (PDF). Retrieved 17 July 2023.
  11. ↑ "Government announce new judge appointments". www.irishexaminer.com. 9 November 2004. Archived from the original on 23 September 2021. Retrieved 27 April 2020.
  12. 1 2 "Supreme Court jobs go to former FG stalwarts". Irish Independent. 29 February 2012. Archived from the original on 6 December 2020. Retrieved 27 April 2020.
  13. ↑ "Diary President Appoints The Hon. Mr. Justice Frank Clarke". president.ie. Archived from the original on 22 December 2020. Retrieved 27 April 2020.
  14. ↑ "EU judges join Polish colleagues to protest 'muzzle law'". France 24. 11 January 2020. Archived from the original on 25 February 2020. Retrieved 27 April 2020.
  15. ↑ "Irish judge to join march in Poland against legal 'threat' to judiciary". Irish Independent. Archived from the original on 12 January 2020. Retrieved 27 April 2020.
  16. ↑ "Attorney General tells Supreme Court he is to step down". RTÉ News. 25 November 2022. Retrieved 26 November 2022.
  17. ↑ "Legal Diary - Supreme Court". Courts.ie. 25 November 2022. Archived from the original on 26 November 2022. Retrieved 26 November 2022.
  18. ↑ "IRISH FULBRIGHT NEWS" (PDF). Archived (PDF) from the original on 30 December 2016. Retrieved 27 April 2020.
  19. ↑ "Fake News, Forgery and Dirty Tricks: the British Secret Service, Parnell and Ireland, 1885 to 1892". The Old Athlone Society. 14 January 2020. Archived from the original on 21 September 2020. Retrieved 27 April 2020.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.