Chief Justice O'Higgins and the Norris case

Madam, - Fintan O'Toole's dancing on the new grave of Tom O'Higgins was one of the most objectionable pieces of writing I have…

Madam, - Fintan O'Toole's dancing on the new grave of Tom O'Higgins was one of the most objectionable pieces of writing I have seen published in this newspaper (Opinion, March 4th).

Primarily I do not write as an O'Higgins relative, but as a long-time reader of, and sometime journalist with, The Irish Times, saddened deeply to see such a piece. I might add that the political traditions of Tom O'Higgins's and my own family were different.

For many years now fact has been subordinated to opinion; far too often opinion degenerates into vilification. When those who have acquired the privilege of offering opinion on a regular basis do so without the corresponding level of judgment, let alone restraint, they set their faces against, and put at risk, the very freedoms they often purport to represent and which the press so deeply cherishes. - Yours, etc.,

EOIN NEESON, Blackrock, Co Dublin.

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Madam, - For Fintan O'Toole to choose the Norris case to criticise the late Justice T.F. O'Higgins is no surprise; for Mr Myers to follow (An Irishman's Diary, March 6th) is depressing.

T.F. O' Higgins has been condemned unfairly and crudely by both columnists for having denied Mr David Norris's claim of breach of his fundamental human rights. Prediticably, Mr Justice Mc Carthy is seen as having "got it right".

T.F. O'Higgins judged that Mr Norris's claim failed in the light of the preamble and the ethos of the Constitution, which he believed he could not ignore. Mr Justice Mc Carthy chose to imply rights that patently were not intended by the framers or the voters of the Constitution.

Mr Myers and Mr O' Toole may prefer Mr Justice Mc Carthy's views but Mr Justice O'Higgins's decision was valid in the light of classical constitutional interpretation and did not merit being singled out in this way. - Yours, etc.,

CIARAN McCOURT, Dartry Park, Dublin 6.