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John Maurice Kelly (31 August 1931 – 24 January 1991) was an Irish
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil É ...
politician who served as Minister for Trade, Commerce and Tourism from 1981 to 1982, acting
Minister for Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
from June 1981 to October 1981,
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
from May 1977 to July 1977 and Government Chief Whip from 1973 to 1977. He served as a
Teachta Dála A Teachta Dála ( , ; plural ), abbreviated as TD (plural ''TDanna'' in Irish, TDs in English), is a member of Dáil Éireann, the lower house of the Oireachtas (the Irish Parliament). It is the equivalent of terms such as ''Member of Parl ...
(TD) for the Dublin South-Central from 1973 to 1977 and for Dublin South from 1977 to 1989. He was a
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for the
Cultural and Educational Panel The Cultural and Educational Panel () is one of five vocational panels which together elect 43 of the 60 members of Seanad Éireann, the upper house of the Oireachtas (the legislature of Ireland). The Cultural and Educational Panel elects five ...
from 1969 to 1973.


Education

Kelly received his primary and secondary education at
St Conleth's College St. Conleth's College is a private co-educational Catholic school founded on 4 September 1939 by Bernard Sheppard. History The school was named after Conleth, a sixth-century Irish monk who was a moulder of precious metals and whose feast day is ...
in Dublin 4 and at the Glenstal Abbey School in
County Limerick "Remember Limerick" , image_map = Island_of_Ireland_location_map_Limerick.svg , subdivision_type = Country , subdivision_name = Republic of Ireland, Ireland , subdivision_type1 = Provinces of Ireland, Province , subd ...
, respectively. He attended
University College Dublin University College Dublin (commonly referred to as UCD) ( ga, Coláiste na hOllscoile, Baile Átha Cliath) is a public research university in Dublin, Ireland, and a member institution of the National University of Ireland. With 33,284 student ...
between 1949 and 1954, and carried out postgraduate studies in the
Heidelberg University } Heidelberg University, officially the Ruprecht Karl University of Heidelberg, (german: Ruprecht-Karls-Universität Heidelberg; la, Universitas Ruperto Carola Heidelbergensis) is a public research university in Heidelberg, Baden-Württemberg, ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
, from 1954 to 1956. His thesis was published in 1957 as "''Princeps Iudex''".


Academic career

In the early 1960s, Kelly held a position as a don in
Trinity College, Oxford (That which you wish to be secret, tell to nobody) , named_for = The Holy Trinity , established = , sister_college = Churchill College, Cambridge , president = Dame Hilary Boulding , location = Broad Street, Oxford OX1 3BH , coordinates ...
. He was a distinguished academic, serving for many years as Professor of
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
,
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
and
Jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
in
University College Dublin University College Dublin (commonly referred to as UCD) ( ga, Coláiste na hOllscoile, Baile Átha Cliath) is a public research university in Dublin, Ireland, and a member institution of the National University of Ireland. With 33,284 student ...
. He was author of the standard work on the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
; though published after Kelly's death, the third and later editions of this work still bear his name in honour of the original book. He was instrumental in the revival of the Irish law journal ''The Irish Jurist'' in the 1960s.


Political career

He first stood for election at the 1969 general election as a
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil É ...
candidate in the Dublin South-Central constituency. He was not elected to
Dáil Éireann Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...
on that occasion, but was subsequently elected to
Seanad Éireann Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house). It is commonly called the Seanad or Senate and its memb ...
as a Senator for the
Cultural and Educational Panel The Cultural and Educational Panel () is one of five vocational panels which together elect 43 of the 60 members of Seanad Éireann, the upper house of the Oireachtas (the legislature of Ireland). The Cultural and Educational Panel elects five ...
. He was elected to Dublin South-Central on his second attempt at the 1973 general election as a Fine Gael TD. He was elected for Dublin County South in
1977 Events January * January 8 – Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group. * January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democrat ...
, and for Dublin South constituency from
1981 Events January * January 1 ** Greece enters the European Economic Community, predecessor of the European Union. ** Palau becomes a self-governing territory. * January 10 – Salvadoran Civil War: The FMLN launches its first major offensiv ...
until his retirement from politics at the 1989 general election. He served in the government of
Liam Cosgrave Liam Cosgrave (13 April 1920 – 4 October 2017) was an Irish Fine Gael politician who served as Taoiseach from 1973 to 1977, Leader of Fine Gael from 1965 to 1977, Leader of the Opposition from 1965 to 1973, Minister for External Affairs fro ...
(1973–77) as Parliamentary Secretary to the Taoiseach with responsibility as Government Chief Whip and as Parliamentary Secretary to the Minister for Defence. In May 1977, he was appointed as
Attorney General of Ireland The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...
, succeeding
Declan Costello Declan Costello (1 August 1926 – 6 June 2011) was an Irish judge, barrister and Fine Gael politician who served as President of the High Court from 1995 to 1998, a Judge of the High Court from 1977 to 1998 and Attorney General of Ireland fr ...
upon the latter's appointment to the High Court. He served in
Garret FitzGerald Garret Desmond FitzGerald (9 February 192619 May 2011) was an Irish Fine Gael politician, economist and barrister who served twice as Taoiseach, serving from 1981 to 1982 and 1982 to 1987. He served as Leader of Fine Gael from 1977 to 1987, and ...
's first
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
from 1981 until 1982 as Minister for Trade, Commerce and Tourism. Kelly was also appointed as acting
Minister for Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
, pending the appointment of
James Dooge James Clement Dooge (30 July 1922 – 20 August 2010) was an Irish Fine Gael politician, engineer, climatologist, hydrologist and academic who served as Minister for Foreign Affairs from 1981 to 1982, Leader of the Seanad and Leader of Fine G ...
, who was to be appointed to the Seanad, and as a Minister in October 1981. Kelly declined appointment to FitzGerald's second government (1982–87). Kelly felt that Irish politics should be aligned more on European ideological lines, and he promoted closer alignment with
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christia ...
and the end of coalition with the Labour Party. He did not seek re-election to the Dáil at the 1989 general election.


Personal life

Kelly's son Nick was lead singer and songwriter with Irish rock band The Fat Lady Sings. Kelly died on 24 January 1991, aged 59, after suffering a heart attack.


Publications

Fiction: *''Matters of Honour'' s ''John Boyle''(London, New Authors Limited, 1964) *''The Polling of the Dead'' (Moytura Press, 1993) Non-Fiction: *''Fundamental rights in the Irish law and Constitution'' (2nd ed., Oceana Publications, 1968) *''Studies in the civil judicature of the Roman Republic'' (Oxford, Clarendon Press, 1976) *''The Irish Constitution'' (1st ed., 1980) *''Belling the cats: Selected speeches and articles of John Kelly'' (Dublin, Moytura Press, 1992) *''A Short History of Western Legal Theory'' (Oxford University Press, 1992)


Honours, awards and memorials


John M. Kelly Memorial Lecture

Since 1994, University College Dublin has hosted an annual ''John M. Kelly Memorial Lecture'' on law, with international legal experts asked to deliver papers. The lectures to date include: # (November 1994) ''Savigny in the Strand'' – the Rt. Hon, the Lord Rodger of Earlsferry QC # (16 November 1995) ''Harassment and Hubris: The Right to an Equality of Respect'' – Prof. Peter Birks, Regius Professor of Civil Law at the University of Oxford # (14 November 1996) ''A Sense of Proportionality'' – the Rt. Hon, the Lord Leonard Hoffman # (October 1997) ''Towards a Supreme Court? The British Experience'' – Michael Beloff, QC and President of Trinity College Oxford # (November 1998) # (October 1999) ''Stands Scotland where she did? New Unions for Old in these Islands'' – Prof Neil MacCormick # (November 2000) # (1 November 2001) ''Corrective and Distributive Justice in Tort Law'' – the Rt. Hon, the Lord Steyn # (15 November 2002) ''Scholarship, Reputation of Scholarship, and Legacy: Provocative Reflections from a Comparatist’s Point of View'' – Prof.
Basil Markesinis Sir Basil Markesinis KC, LLD, DCL, FBA (born July 10, 1944) is a Greek-British barrister and legal scholar currently holding the position of Jamail Regents Professor at the University of Texas, Austin. He was previously Professor of Common a ...
QC # (5 November 2003) ''Liability for Non-Conformity: The new system of remedies in German sales' law and its historical context'' – Prof. Reinhard Zimmermann # (21 January 2005) ''Law Maker or Law Reformer – what is a Law Lady for?'' – the Rt. Hon, the Baroness Brenda Hale of Richmond # (7 October 2010) ''Should Strict Criminal Liability be Removed from all Imprisonable Offences?'' – Professor Andrew Ashworth, the Vinerian Professor of English Law at the University of Oxford # (27 March 2014) ''Justice, Memory and Art'' - Mr Justice
Albie Sachs Albert "Albie" Louis Sachs (born 30 January 1935) is a South African lawyer, activist, writer, and former judge appointed to the first Constitutional Court of South Africa by Nelson Mandela. Early life and education Albie Sachs was born on ...
# (16 April 2015) ''Diversity in Family Life: Developments in the Case Law of the European Court of Human Rights'' - Ms Ann Power Forde, SC # (5 May 2016) ''International Aspects of the Constitution: Skibbereen Eagle or a Shaft of Dawn for the Despairing and Wretched Everywhere?'' - The Hon. Mr. Justice Donal O’Donnell # (9 March 2017) ''Adverse Possession - Still an Ailing Concept?'' - Professor John Wylie # (8 March 2018) ''On Lord Ellenborough's Law of Humanity'' - Professor Gerry Whyte # (31 January 2019) ''Populism and the Rule of Law'' - Professor Nicola Lacey CBE # (26 March 2020) ''Law, Legitimacy and the Nation State'' - Lord Sumption


The Irish Jurist Memorial Issue

Volumes XXV-XXVII of The Irish Jurist (), covering the years 1990–1992, were published in memory of John Kelly.


References

{{DEFAULTSORT:Kelly, John M. 1931 births 1991 deaths Attorneys General of Ireland Fine Gael TDs Irish legal scholars Members of the 12th Seanad Members of the 20th Dáil Members of the 21st Dáil Members of the 22nd Dáil Members of the 23rd Dáil Members of the 24th Dáil Members of the 25th Dáil Ministers for Foreign Affairs (Ireland) Parliamentary Secretaries of the 20th Dáil Politicians from County Dublin Academics of University College Dublin Academics of the University of Oxford People educated at St Conleth's College People educated at Glenstal Abbey School Heidelberg University alumni Alumni of University College Dublin 20th-century Irish lawyers Fine Gael senators Government Chief Whip (Ireland) Ministers for Enterprise, Trade and Employment