Brian Walsh (23 March 1918 – 9 March 1998) was an Irish judge who served as a Judge of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
from 1961 to 1990, a Judge of the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
from 1980 to 1998 and a Judge of the
High Court from 1959 to 1961.
Walsh was described as "one of Ireland's greatest judges" and the "outstanding legal reforming mind of his generation" by Prof.
John J. Lee.
[Alan Murdoch,]
Obituary: Judge Brian Walsh
" ''The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'', London 1998-03-11 (accessed 2011-01-25) Walsh was seen as a reforming judge who sat on such key cases as ''Byrne v. Ireland'' (1972) - unconstitutionality of state immunity in tort; ''
McGee v. The Attorney General
''McGee v. The Attorney General'' 973IR 284 was a judgment of the Irish Supreme Court in 1973 on marital privacy. By a decision of 4 to 1, the court conferred upon spouses a broad right to privacy in marital affairs.
Background
Mary McGee was ...
'' (1974) - right to marital privacy and contraceptives; ''
Crotty v An Taoiseach'' (1987) - ratification of EU treaties.
He was one of the dissenting minority in the case at the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
that ruled in 1981 that the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
had breached the Convention in the matter of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
's law criminalising homosexual acts.
Outside the bench, Walsh was the president of the
Law Reform Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
from 1975 to 1985 and led the Irish delegation to the Anglo-Irish Law Enforcement Commission.
References
{{DEFAULTSORT:Walsh, Brian
1918 births
Judges of the Supreme Court of Ireland
1998 deaths
20th-century Irish lawyers