A chara, - Joseph Foyle's quoting of Chief Justice Finlay's judgment in the X case is rather selective (May 6th). The most important element in the Chief Justice's summing-up, before he came out with his bombshell judgment, was his declaration that the Constitution should be interpreted "in accordance with prevailing ideas".
What were these "prevailing ideas" that superseded the wish of the overwhelming majority that abortion should be constitutionally banned? People are so overawed by the judicial system that they are afraid to ask questions, and especially in the case of the Supreme Court, whose judgments are final and unchallengeable.
Mr Justice Finlay was followed by Mr Justice Hugh O'Flaherty who, in concurring, stated that the Constitution needed a broad, not a narrow or pedantic approach. Does this all mean that no matter which way the people vote in a referendum the judges have the final say by way of "prevailing ideas" or a choice between so-called broad, narrow or pedantic approaches? Does this not give a frightening latitude to the power of Supreme Court judges (these words are from their own lips).
Did any of these distinguished judges take into consideration that over 90 per cent of the people were against abortion (about two-thirds approving a constitutional amendment while the remainder, following the advice of Dr Garret FitzGerald and other prominent politicians, accepted that legislation already existed to protect the unborn).
In the Court Officers Act case the Supreme Court overruled the High Court, quoting a 1943 London court case judgment as a precedent. The then Chief Justice, Mr Liam Hamilton, stated that the High Court should have approached the matter with a certain degree of common sense and tried to visualise what the legislature desired in this Act. Did Mr Finlay and Mr Hugh O'Flaherty apply these criteria in the X case when the overwhelming majority of the people expressed their de- sire in no uncertain terms? - Is mise,
Micheal Mac Giolla Phadraig, Ardagh Crescent, Blackrock, Co Dublin.