Séamus Anthony Henchy (6 December 1917 – 5 April 2009) was an Irish judge, barrister, and academic who served as a Judge of the

Supreme Court of Ireland The Supreme Court of Ireland () is the highest judicial authority in Republic of Ireland, Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal (Ireland), Court of Appeal and the High Court (Ireland), Hig ...

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 Irish commonly refers to: * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the island and the sovereign state *** Erse (disambiguati ...

. Born in

County Clare County Clare () is a Counties of Ireland, county in the Provinces of Ireland, province of Munster in the Southern Region, Ireland, Southern part of Republic of Ireland, Ireland, bordered on the west by the Atlantic Ocean. Clare County Council ...

, he studied law and

Celtic studies Celtic studies or Celtology is the academic discipline occupied with the study of any sort of cultural output relating to the Celts, Celtic-speaking peoples (i.e. speakers of Celtic languages). This ranges from linguistics, literature and art h ...

Galway Galway ( ; , ) is a City status in Ireland, city in (and the county town of) County Galway. It lies on the River Corrib between Lough Corrib and Galway Bay. It is the most populous settlement in the province of Connacht, the List of settleme ...

and

Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...

, obtaining a PhD in Celtic studies in 1943. He practiced as a barrister and was appointed to the High Court in 1962. He presided over the

Arms Trial The Arms Crisis was an Irish political scandal in 1970 in which Charles Haughey and Neil Blaney were dismissed as cabinet ministers for alleged involvement in a conspiracy to smuggle arms to the Irish Republican Army in Northern Ireland. At t ...

in 1970. He was elevated to the Supreme Court in 1972, where he was noted for his opinions in ''

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 wa ...

'', ''Cahill v. Sutton'', '' Norris v. Attorney General'' and '' Crotty v. An Taoiseach''. He died in 2009.

Early life

Henchy was born in 1917 to shopkeepers Patrick and Margaret in

Corofin, County Clare Corofin (Corrofin, County Clare

He attended primary school in Corofin and for secondary school wen to St Mary's College, Galway. His university education began at

University College Galway The University of Galway () is a public university, public research university located in the city of Galway, Republic of Ireland, Ireland. The university was founded in 1845 as "Queen's College, Galway". It was known as "University College, Ga ...

, where he obtained a BA in

Celtic Studies Celtic studies or Celtology is the academic discipline occupied with the study of any sort of cultural output relating to the Celts, Celtic-speaking peoples (i.e. speakers of Celtic languages). This ranges from linguistics, literature and art h ...

. He then concurrently studied for a MA in Galway, and later a LL.B. at

University College Dublin University College Dublin (), commonly referred to as UCD, is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland. With 38,417 students, it is Ireland's largest ...

and to become a barrister at the

King's Inns The Honorable Society of King's Inns () is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environments. The Benchers of King's Inns aw ...

. He completed a PhD at UCD in 1943, supervised by D. A. Binchy, on the law of

fosterage Fosterage, the practice of a family bringing up a child not their own, differs from adoption in that the child's parents, not the foster-parents, remain the acknowledged parents. In many modern western societies foster care can be organised by ...

. Using his Irish name, Séamus Ó hInnse and as part of the

Dublin Institute for Advanced Studies The Dublin Institute for Advanced Studies (DIAS) () is a statutory independent research institute in Dublin, Ireland. It was established, under the Institute For Advanced Studies Act 1940, by the government of the then Taoiseach, Éamon de Vale ...

, he published ''Miscellaneous Irish annals'' in 1947.

Legal career

He was called to the bar in 1943 and primarily practiced in the West of Ireland. He became a senior counsel in 1959. His practice involved civil cases and prosecutions on behalf of the state. Alongside his legal practice, he was appointed a part-time professor of law at University College Dublin, specialising in

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

, and

legal history Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Certain jurists and his ...

. He published on "The Communist Theory of Law" in '' Studies'' in 1957 and was the first Irish academic published in the ''

Modern Law Review The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the faculty of law at the London School of Economic ...

''. He also wrote about the role of the

Visitor A visitor, in English and Welsh law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution, often a charitable institution set up for the perpetual distribution of the founder's alms and bounty, who can interve ...

and the

National University of Ireland The National University of Ireland (NUI) () is a federal university system of ''constituent universities'' (previously called '' constituent colleges'') and ''recognised colleges'' set up under the Irish Universities Act 1908, and signifi ...

Judicial career

High Court

His judicial career began in 1962 upon his appointment to the High Court. He presided over many personal injuries cases and heard at first instance as part of a panel of three judges the case of ''State (Nicolaou) v. An Bord Uchtála''. He was the judge in the second trial related to the

Arms Crisis The Arms Crisis was an Irish political scandal in 1970 in which Charles Haughey and Neil Blaney were dismissed as cabinet ministers for alleged involvement in a conspiracy to smuggle arms to the Irish Republican Army in Northern Ireland. At t ...

in 1970, where

Charles Haughey Charles James Haughey (; 16 September 1925 – 13 June 2006) was an Irish Fianna Fáil politician who led four governments as Taoiseach: December 1979 to June 1981, March to December 1982, March 1987 to June 1989, and June 1989 to February 1992 ...

and

Neil Blaney Neil Terence Columba Blaney (1 October 1922 – 8 November 1995) was an Irish politician. He was first elected to Dáil Éireann in 1948 as a Fianna Fáil Teachta Dála (TD) representing Donegal East. A high-profile member of the party, Blane ...

stood accused of conspiracy to import arms. The trial required him to have 24-hour Garda protection.Mac Cormaic, Chapter 7. In 1965, he was the chairperson of a commission, joined by Felix Ermacora and Peter Papadatos, convened by the

International Commission of Jurists The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is supported by an International Secretariat based in Geneva, Switzerland, and staffed by lawyers drawn from a wide range of jurisdi ...

to investigate allegations of racism in the public service of

Guyana Guyana, officially the Co-operative Republic of Guyana, is a country on the northern coast of South America, part of the historic British West Indies. entry "Guyana" Georgetown, Guyana, Georgetown is the capital of Guyana and is also the co ...

. They concluded that racial discrimination had occurred. He also chaired the Mental Illness Commission.

Supreme Court

He was elevated to the

in 1972, following the retirement of Judge Richard McLoughlin. He was frequently president of the Court of Criminal Appeal during the 1970s. He was best known for his time on the court coinciding with significant

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 ...

cases and his opinions in them. He was seen to be a liberal in relation to social issues. His first major decision was in ''

'' which invalidated a law prohibiting the sale of contraceptives in Ireland. In 1983, he issued a dissent in '' Norris v. Attorney General'' where the majority upheld a criminal ban on homosexuality. He said that the relevant parts of the legislation were unconstitutional "on the ground that by their overreach and lack of precision and of due discrimination, they trench on an area of personal intimacy and seclusion which requires to be treated as inviolate". He wrote a concurring opinion with the then Chief Justice

Tom O'Higgins Thomas Francis O'Higgins (23 July 1916 – 25 February 2003) was an Irish Fine Gael politician, barrister and judge who served as Chief Justice of Ireland and a Judge of the Supreme Court from 1974 to 1985, a Judge of the European Court of Just ...

in 1980 in the case of ''Cahill v. Sutton'' which established the rule of

standing Standing, also referred to as orthostasis, is a position in which the body is held in an upright (orthostatic) position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the ...

in Irish constitutional law where Hench wrote: He also contributed to decisions establishing the right to legal aid in criminal trials and in the case of '' Crotty v. An Taoiseach'' which established the need for a referendum to incorporate new European Union treaties into Irish law where he wrote: Henchy also laid the grounds in favour of the harmonious judicial interpretation of the Irish Constitution as opposed to the literal approach following his judgment in the case ''Tormey v. Ireland'' given that the harmonious approach goes further, ensuring that the Constitution is internally consistent and not contradictory. The harmonious approach was summed in Tormey thus: Judge Henchy was also instrumental in shaping the jurisprudence surrounding the principle of proportionality as a core facet in Irish Constitutional law most notably in the case of Heany v. Ireland. In his judgment on the case, he laid down the criteria to which courts should apply it stating: He retired from the court in October 1988.

Further roles

Henchy was among those appointed in 1974 to the Anglo-Irish Commission on Law Enforcement, arising out of the

Sunningdale Agreement The Sunningdale Agreement was an attempt to establish a power-sharing Northern Ireland Executive and a cross-border Council of Ireland. The agreement was signed by the British and Irish government in Sunningdale, Berkshire, on 9 December 1 ...

. He chaired a committee which produced a report in 1978, which became the basis for the Criminal Law (Insanity) Act 2006, changing the law on the defence of insanity and introducing the defence of

diminished responsibility In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental funct ...

to Ireland. He was appointed the first chairperson of the Independent Radio and Television Commission for a five-year term beginning in 1988, a body responsible for issuing the first commercial radio licences in Ireland. He retired a year early in order to take up the position.Mac Cormaic, Chapter 13.

Legacy

Henchy was awarded an honorary doctorate by

Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...

in 1990 and another by

NUI Galway The University of Galway () is a public research university located in the city of Galway, Ireland. The university was founded in 1845 as "Queen's College, Galway". It was known as "University College, Galway" (UCG) () from 1908 to 1997 and as ...

in June 1999. At his ceremony at NUIG, he was cited as being "one of the most outstanding judges and jurists of 20th-century Ireland". Upon his death, the ''

Irish Independent The ''Irish Independent'' is an Irish daily newspaper A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray backgrou ...

'' commented that he was "one of the country's most respected and influential judges." ''

The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...

'' observed that his judgments were "in a flowing prose style of exceptional elegance."

Gerard Hogan Gerard William Augustine Hogan, (born 13 August 1958) 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 ...

believed that he was one of Ireland's "greatest judges". In July 2020, Chief Justice Frank Clarke writing for the Supreme Court in ''Friends of the Irish Environment v. The Government of Ireland'' said that he "fully agreed with the observations" of Henchy in approaching

unenumerated rights Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly stated or "enumerated" in law. Alternative terms are implied rights, natural righ ...

in ''McGee'' and ''Norris''.

Personal life

Henchy was married to Averil Graney. He lived in

Monkstown, County Dublin Monkstown (), historically known as ''Carrickbrennan'' (), is a suburb on the southside, Dublin, southside of Dublin, Republic of Ireland, Ireland, located in Dún Laoghaire–Rathdown. It is on the coast, between Blackrock, Dublin, Blackrock an ...

and was a member of the

Royal Irish Yacht Club The Royal Irish Yacht Club is a yacht club located in Dún Laoghaire Harbour, County Dún Laoghaire–Rathdown, Republic of Ireland. The club was founded in 1831, with the Marquess of Anglesey, who commanded the cavalry at the Battle of Waterloo ...

. His brother,

Patrick Patrick may refer to: *Patrick (given name), list of people and fictional characters with this name * Patrick (surname), list of people with this name People *Saint Patrick (c. 385–c. 461), Christian saint * Gilla Pátraic (died 1084), Patrick ...

, was a librarian and director of the

National Library of Ireland The National Library of Ireland (NLI; ) is Ireland's national library located in Dublin, in a building designed by Thomas Newenham Deane. The mission of the National Library of Ireland is "To collect, preserve, promote and make accessible the ...

. He died at the age of 91 in April 2009. His funeral was attended by the then

Chief Justice of Ireland The chief justice of Ireland () is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and the most senior judge in the Republic of Ireland. The role includes several constitutional and administrativ ...

John L. Murray, the

Attorney General of Ireland The attorney general of Ireland () 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 participate in cabine ...

Paul Gallagher and aides-de-camp to the

President of Ireland The president of Ireland () is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The presidency is a predominantly figurehead, ceremonial institution, serving as ...

and the

Taoiseach The Taoiseach (, ) is the head of government or prime minister of Republic of Ireland, Ireland. The office is appointed by the President of Ireland upon nomination by Dáil Éireann (the lower house of the Oireachtas, Ireland's national legisl ...

. He is buried at

Shanganagh Cemetery Shanganagh Cemetery is a cemetery in south County Dublin, in the administrative county of Dún Laoghaire–Rathdown just to the south of Shankill. The cemetery consists of two areas, on the Dublin Road, the other to the east, on the western sid ...

References

Works cited

* {{DEFAULTSORT:Henchy, Seamus 1917 births 2009 deaths People from Corofin, County Clare Irish barristers Alumni of the University of Galway Alumni of University College Dublin Alumni of King's Inns High Court judges (Ireland) Judges of the Supreme Court of Ireland 20th-century Irish judges 20th-century Irish lawyers Celtic studies scholars Irish legal scholars Academics of University College Dublin Lawyers from County Clare