Hugh Edward Kennedy (11 July 1879 – 1 December 1936) was an Irish

Cumann na nGaedheal Cumann na nGaedheal (; "Society of the Gaels") was a political party in the Irish Free State, which formed the government from 1923 to 1932. In 1933 it merged with smaller groups to form the Fine Gael party. Origins In 1922 the pro-Treaty ...

politician, barrister and judge who served as

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 admin ...

from 1924 to 1936, 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 1924 to 1936 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 1922 to 1924. He served as a

Teachta Dála A Teachta Dála ( , ; plural ), abbreviated as TD (plural ''TDanna'' in Irish language, Irish, TDs in English), is a member of Dáil Éireann, the lower house of the Oireachtas, Oireachtas (the Irish Parliament). It is the equivalent of terms s ...

(TD) for the Dublin South constituency from 1923 to 1924. As a member of the Irish Free State Constitution Commission, he was also one of the constitutional architects of the

Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independ ...

Early life and education

Kennedy was born in

Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...

in 1879. He was the son of the surgeon Hugh Boyle Kennedy and Mary Kate Kennedy (née Kennedy; not related), from

County Tipperary County Tipperary ( ga, Contae Thiobraid Árann) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Munster and the Southern Region, Ireland, Southern Region. The county is named afte ...

. His younger sister was the journalist

Mary Olivia Kennedy Mary Olivia Kennedy (17 September 1880, Dublin – 18 December 1943, Dublin) was a journalist based in Dublin and London, and the first woman staff reporter of '' The Times'' newspaper. Biography Kennedy was a daughter of a surgeon, Hugh ...

. He studied for the examinations of the Royal University while a student at

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 ...

and

King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) 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 environment ...

, Dublin, and was called to the

Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (un ...

in 1902. He was appointed

King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

in 1920 and became a Bencher of King's Inn in 1922. He married Clare Murphy (died 1975) in Dublin in 1911. They had no children. She was the daughter of a successful Liverpool Irish timber merchant, John Murphy.

Career

During 1920 and 1921, Kennedy was a senior legal adviser to the representatives of

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 r ...

during the negotiations for the

Anglo-Irish Treaty The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...

. He was highly regarded as a lawyer by

Michael Collins Michael Collins or Mike Collins most commonly refers to: * Michael Collins (Irish leader) (1890–1922), Irish revolutionary leader, soldier, and politician * Michael Collins (astronaut) (1930–2021), American astronaut, member of Apollo 11 and G ...

, who later regretted that Kennedy had not been part of the delegation sent to

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

in 1921, to negotiate the terms of the treaty.

Attorney General of Ireland

On 31 January 1922, Kennedy became the first

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 the

Provisional Government of the Irish Free State The Provisional Government of Ireland ( ga, Rialtas Sealadach na hÉireann) was the provisional government for the administration of Southern Ireland from 16 January 1922 to 5 December 1922. It was a transitional administration for the period be ...

. Later that year he was appointed by the Provisional Government to the Irish Free State Constitution Commission to draft the

Constitution of the Irish Free State The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independ ...

was established on 6 December 1922. The functions of the Provisional Government were transferred to the

Executive Council of the Irish Free State Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dire ...

. Kennedy was appointed Attorney General of the Irish Free State on 7 December 1922. In 1923, he was appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission was chaired by

Lord Glenavy Baron Glenavy, of Milltown in the County of Dublin, was a title in the Peerage of the United Kingdom. It was created on 26 July 1921 for the noted Irish lawyer and Unionist politician Sir James Campbell, 1st Baronet. He served as Lord Chief J ...

, who had also been the last Lord Chancellor of Ireland. It drafted the

Courts of Justice Act 1924 The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new c ...

for a new court system, including a High Court and a

, and provided for the abolition, '' inter alia'', of the

Irish Court of Appeal The Court of Appeal in Ireland was created by the Parliament of the United Kingdom of Great Britain and Ireland under the Supreme Court of Judicature Act (Ireland) 1877 as the final appellate court within Ireland, then under British rule. A las ...

and the

Irish High Court of Justice The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with ju ...

. Most of the judges were not reappointed to the new courts. Kennedy personally oversaw the selection of the new judges, and made impressive efforts to select them on merit alone. The results were not always happy: his diary, of which some extracts have been published, reveal the increasingly unhappy atmosphere in the Supreme Court itself, due to frequent clashes between Kennedy and his colleague Judge

Gerald Fitzgibbon Gerald Fitzgibbon (8 October 1866 – 6 December 1942) was an Irish judge who served as a Judge of the Supreme Court from 1924 to 1938. He also served as a Teachta Dála (TD) for the Dublin University constituency from 1921 to 1923. Family Fit ...

, since the two men proved to be so different in temperament and political outlook that they found it almost impossible to work together harmoniously. In a similar vein, Kennedy's legal opinion and choice of words could raise eyebrows amongst legal colleagues and fury in the

Executive Council Executive Council may refer to: Government * Executive Council (Commonwealth countries), a constitutional organ that exercises executive power and advises the governor * Executive Council of Bern, the government of the Swiss canton of Bern * Ex ...

, for example regarding the

Kenmare incident The Kenmare Incident, as it came to be known, was an attack in 1923 by senior Irish Army officers on two young women in their own home in Kenmare, County Kerry, Ireland. Two investigations were undertaken, one by the Garda Síochána and one by ...

. He was also a delegate of the Irish Free State to the Fourth Assembly of the

League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide Intergovernmental organization, intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by ...

, between 3 and 29 September 1923.

Dáil Éireann

He was elected to

on 27 October 1923, as a

TD at a by-election in the Dublin South constituency. He was the first person to be elected in a

by-election A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election ( Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election use ...

to Dáil Éireann. He resigned his seat in June 1924 when he was appointed Chief Justice of Ireland.

Chief Justice of Ireland

On 5 June 1924, he was appointed Chief Justice of Ireland, thereby becoming the first Chief Justice of the Irish Free State. He is also the youngest person appointed Chief Justice of Ireland. When he was appointed he was 44 years old. Although the High Court of Justice and the Court of Appeal had been abolished and replaced by the High Court and the Supreme Court respectively. Kennedy campaigned for the replacement of the wigs and gowns traditionally worn by judges and barristers, which he regarded as the trappings of an alien regime. He received little support from the judges or the government and the traditional dress was retained. He held the position of Chief Justice, until his death on 1 December 1936. In September 2015, a biography by Patrick Kennedy (no relation) was written on him called ''Hugh Kennedy: The Great But Neglected Chief Justice''.

References

External links

Article at University College Dublin archives department
{{DEFAULTSORT:Kennedy, Hugh 1879 births 1936 deaths Alumni of the Royal University of Ireland Attorneys General of Ireland Chief justices of Ireland Cumann na nGaedheal TDs Irish Queen's Counsel Members of the 4th Dáil People associated with University College Dublin Politicians from County Dublin 20th-century King's Counsel Alumni of King's Inns Lawyers from County Dublin