Cearbhall Ó Dálaigh
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Cearbhall Ó Dálaigh (; 12 February 1911 – 21 March 1978) was an Irish
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 Christian- ...
politician, judge and barrister who served as the fifth
president of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can ...
from December 1974 to October 1976. His
birth name A birth name is the name of a person given upon birth. The term may be applied to the surname, the given name, or the entire name. Where births are required to be officially registered, the entire name entered onto a birth certificate or birth r ...
was registered in
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
as ''Carroll O'Daly'', which he used during his legal career and which is recorded by some publications. He served as a Judge of the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
from 1973 to 1974,
Chief Justice of Ireland The Chief Justice of Ireland ( ga, Príomh-Bhreitheamh na hÉireann) is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and admini ...
from 1961 to 1973, 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 1953 to 1973, and
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 ...
from 1946 to 1948 and from 1951 to 1953.


Early life

Cearbhall Ó Dálaigh, one of four children, was born on 12 February 1911, in Bray,
County Wicklow County Wicklow ( ; ga, Contae Chill Mhantáin ) is a county in Ireland. The last of the traditional 32 counties, having been formed as late as 1606, it is part of the Eastern and Midland Region and the province of Leinster. It is bordered by t ...
. His father, Richard O'Daly, was a fishmonger with little interest in politics. His mother was Una Thornton. Ó Dálaigh had an elder brother, Aonghus, and two younger sisters, Úna and Nuala. He went to St. Cronan's Boys National School, and later to
Synge Street CBS Synge Street CBS (colloquially Synger) is a boys' non-fee-paying state school, under the auspices of the Edmund Rice Schools Trust, located in the  Dublin 8 area of Dublin, Ireland. The school was founded in 1864 by Can ...
in
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
. While attending
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 collegiate university, member institution of the National University of Ireland ...
, he became auditor of ''An Cumann Gaelach'' and of the Literary and Historical Society. He also became
Irish language Irish ( Standard Irish: ), also known as Gaelic, is a Goidelic language of the Insular Celtic branch of the Celtic language family, which is a part of the Indo-European language family. Irish is indigenous to the island of Ireland and was ...
editor of ''
The Irish Press ''The Irish Press'' (Irish: ''Scéala Éireann'') was an Irish national daily newspaper published by Irish Press plc between 5 September 1931 and 25 May 1995. Foundation The paper's first issue was published on the eve of the 1931 All-Ireland ...
''.


Career

A graduate of
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 collegiate university, member institution of the National University of Ireland ...
, Ó Dálaigh was a committed
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 Christian- ...
supporter who served on the party's National Executive in the 1930s; he became Ireland's youngest
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 ...
in 1946, under
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 the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legisl ...
Éamon de Valera Éamon de Valera (, ; first registered as George de Valero; changed some time before 1901 to Edward de Valera; 14 October 1882 – 29 August 1975) was a prominent Irish statesman and political leader. He served several terms as head of governm ...
, serving until 1948. Unsuccessful in Dáil and Seanad elections in
1948 Events January * January 1 ** The General Agreement on Tariffs and Trade (GATT) is inaugurated. ** The Constitution of New Jersey (later subject to amendment) goes into effect. ** The railways of Britain are nationalized, to form British ...
and
1951 Events January * January 4 – Korean War: Third Battle of Seoul – Chinese and North Korean forces capture Seoul for the second time (having lost the Second Battle of Seoul in September 1950). * January 9 – The Government of the United ...
, he was re-appointed as Attorney General of Ireland in 1951. In 1953, he was nominated as the youngest-ever member 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 ...
by his mentor, de Valera. Less than a decade later, he became
Chief Justice of Ireland The Chief Justice of Ireland ( ga, Príomh-Bhreitheamh na hÉireann) is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and admini ...
, on the nomination of Taoiseach
Seán Lemass Seán Francis Lemass (born John Francis Lemass; 15 July 1899 – 11 May 1971) was an Irish Fianna Fáil politician who served as Taoiseach and Leader of Fianna Fáil from 1959 to 1966. He also served as Tánaiste from 1957 to 1959, 1951 to 1954 ...
. He was a keen actor in his early years, and became a close friend of actor
Cyril Cusack Cyril James Cusack (26 November 1910 – 7 October 1993) was an Irish stage and screen actor with a career that spanned more than 70 years. During his lifetime, he was considered one of Ireland’s finest thespians, and was renowned for his int ...
. It is commonly stated that Ó Dálaigh and Cusack picketed the Dublin launch of Disney's ''
Darby O'Gill and the Little People ''Darby O'Gill and the Little People'' is a 1959 American fantasy adventure film produced by Walt Disney Productions, adapted from the ''Darby O'Gill'' stories of Herminie Templeton Kavanagh. Directed by Robert Stevenson and written by Lawrence Ed ...
'' in 1959, for what they felt was the film's stereotyping of Irish people. However, there is no known contemporary reference to this having occurred. He was an opponent of the US bombing of
North Vietnam North Vietnam, officially the Democratic Republic of Vietnam (DRV; vi, Việt Nam Dân chủ Cộng hòa), was a socialist state supported by the Soviet Union (USSR) and the People's Republic of China (PRC) in Southeast Asia that existed f ...
. In 1972, Taoiseach
Jack Lynch John Mary Lynch (15 August 1917 – 20 October 1999) was an Irish Fianna Fáil politician who served as Taoiseach from 1966 to 1973 and 1977 to 1979, Leader of Fianna Fáil from 1966 to 1979, Leader of the Opposition from 1973 to 1977, Minister ...
suggested to the opposition parties that they agree to nominate Ó Dálaigh to become
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can ...
when President de Valera's second term ended in June of the following year.
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 ...
, confident that its prospective candidate
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 from 1974 to 1985, a Judge of the European Court of Justice from 1985 to 1991, a Judge of ...
would win the 1973 presidential election (he had almost defeated de Valera in
1966 Events January * January 1 – In a coup, Colonel Jean-Bédel Bokassa takes over as military ruler of the Central African Republic, ousting President David Dacko. * January 3 – 1966 Upper Voltan coup d'état: President Maurice Yaméogo i ...
), turned down the offer. Fianna Fáil's
Erskine H. Childers Erskine Hamilton Childers (11 December 1905 – 17 November 1974) was an Irish Fianna Fáil politician who served as the fourth president of Ireland from June 1973 to November 1974. He is the only Irish president to have died in office. He also ...
went on to win the election that followed. When Ireland joined the
European Economic Community The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisb ...
, Lynch appointed Ó Dálaigh as Ireland's judge on the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
. When President Childers died suddenly in 1974, all parties agreed to nominate Ó Dálaigh to replace him.


President of Ireland

Ó Dálaigh's tenure as president proved to be contentious. While popular with Irish language speakers and with artists, and respected by many
republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
s, he had a strained relationship with the then
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, particularly with Minister
Conor Cruise O'Brien Donal Conor David Dermot Donat Cruise O'Brien (3 November 1917 – 18 December 2008), often nicknamed "The Cruiser", was an Irish diplomat, politician, writer, historian and academic, who served as Minister for Posts and Telegraphs from 1973 ...
and Taoiseach
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 from ...
. His decision, in 1976, to exercise his power to refer a bill to the Supreme Court to test its constitutionality brought him into conflict with the Fine Gael-
Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
National Coalition. Following the assassination of the British Ambassador, Christopher Ewart-Biggs, by the
Provisional Irish Republican Army The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, facilitate Irish reun ...
(IRA), on 23 July 1976, the government announced its intention to introduce legislation extending the maximum period of detention without charge from two to seven days. Ó Dálaigh referred the resulting bill, the Emergency Powers Bill, to the Supreme Court. When the court ruled that the bill was constitutional, he signed the bill into law on 16 October 1976.Joseph Lee, ''Ireland, 1912–1985: Politics and Society'', Cambridge University Press, 1989, p. 482 On the same day, an IRA bomb in
Mountmellick Mountmellick or Mountmellic () is a town in the north of County Laois, Ireland. It lies on the N80 national secondary road and the R422 and R423 regional roads. Name ''Mountmellick'', sometimes spelt ''Montmellick'' or ''Montmellic'', is a ...
killed Michael Clerkin, a member of the
Garda Síochána (; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gover ...
, the country's police force. Ó Dálaigh's actions were seen by government ministers to have contributed to the killing of this Garda. On the following day,
Minister for Defence {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
Paddy Donegan Patrick Sarsfield Donegan (29 October 1923 – 26 November 2000) was an Irish Fine Gael politician who served as Minister for Fisheries from February 1977 to July 1977, Minister for Lands from 1976 to 1977 and Minister for Defence from 1973 t ...
, visiting a barracks in
Mullingar Mullingar ( ; ) is the county town of County Westmeath in Ireland. It is the third most populous town in the Midland Region, with a population of 20,928 in the 2016 census. The Counties of Meath and Westmeath Act 1543 proclaimed Westmeat ...
to open a canteen, attacked the President for sending the bill to the Supreme Court, calling him a "thundering disgrace" (or possibly "fucking disgrace" or "thundering bollocks").''This Great Little Nation: The A-Z of Irish Scandals & Controversies''
, Gene Kerrigan, Pat Brennan, Gill & Macmillan, 1999, page 287
Ó Dálaigh's private papers show that he considered the relationship between the President (as Commander-in-Chief of the Defence Forces) and the Minister for Defence had been "irrevocably broken" by the comments of the Minister in front of the army Chief of Staff and other high-ranking officers. Donegan offered his resignation, but Taoiseach Liam Cosgrave refused to accept it. This proved the last straw for Ó Dálaigh, who believed that Cosgrave had additionally failed to meet his constitutional obligation to regularly brief the President. He resigned from the presidency on 22 October 1976, "to protect the dignity and independence of the presidency as an institution". He was succeeded as President of Ireland by
Patrick Hillery Patrick John Hillery ( ga, Pádraig J. Ó hIrghile; 2 May 1923 – 12 April 2008) was an Irish Fianna Fáil politician who served as the sixth president of Ireland from December 1976 to December 1990. He also served as vice-president of the Euro ...
.


Death

Ó Dálaigh died of a heart attack in 1978, less than two years after resigning the presidency. He is buried in
Sneem Sneem () is a village situated on the Iveragh Peninsula (part of the Ring of Kerry), in County Kerry, in the southwest of Ireland. It lies on the estuary of the River Sneem. National route N70 runs through the town. While the 2016 census recor ...
,
County Kerry County Kerry ( gle, Contae Chiarraí) is a county in Ireland. It is located in the South-West Region and forms part of the province of Munster. It is named after the Ciarraige who lived in part of the present county. The population of the co ...
.


See also

*
List of members of the European Court of Justice A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby unio ...


References


External links

*
UCD archives
{{DEFAULTSORT:Odalaigh, Cearbhall 1911 births 1978 deaths Alumni of University College Dublin Attorneys General of Ireland Auditors of the Literary and Historical Society (University College Dublin) Chief justices of Ireland European Court of Justice judges Fianna Fáil politicians Irish judges of international courts and tribunals Irish-language writers Irish newspaper editors People educated at Synge Street CBS People from Bray, County Wicklow Presidents of Ireland The Irish Press people 20th-century Irish lawyers Alumni of King's Inns