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John M. Kelly (politician)

From Wikipedia, the free encyclopedia
Irish lawyer, academic and politician (1931-1991)
For other people named John Kelly, seeJohn Kelly (disambiguation).

John M. Kelly
Minister for Trade, Commerce and Tourism
In office
30 June 1981 – 9 March 1982
TaoiseachGarret FitzGerald
Preceded byDesmond O'Malley
Succeeded byDesmond O'Malley
Minister for Foreign Affairs
In office
30 June 1981 – 21 October 1981
TaoiseachGarret FitzGerald
Preceded byBrian Lenihan Snr
Succeeded byJames Dooge
Attorney General of Ireland
In office
20 May 1977 – 5 July 1977
TaoiseachLiam Cosgrave
Preceded byDeclan Costello
Succeeded byAnthony J. Hederman
Parliamentary Secretary
1973–1977Government Chief Whip
1973–1977Defence
Teachta Dála
In office
June 1981 – June 1989
ConstituencyDublin South
In office
June 1977 – June 1981
ConstituencyDublin County South
In office
February 1973 – June 1977
ConstituencyDublin South-Central
Senator
In office
5 November 1969 – 28 February 1973
ConstituencyCultural and Educational Panel
Personal details
BornJohn Maurice Kelly
(1931-08-31)31 August 1931
Died24 January 1991(1991-01-24) (aged 59)
Political partyFine Gael
Spouse
Delphine Kelly
(m. 1960)
[1]
Children5[1]
Education
Alma mater

John Maurice Kelly (31 August 1931 – 24 January 1991) was an IrishFine Gael politician who served asMinister for Trade, Commerce and Tourism from 1981 to 1982, actingMinister for Foreign Affairs from June 1981 to October 1981,Attorney General from May 1977 to July 1977 andGovernment Chief Whip from 1973 to 1977. He served as aTeachta Dála (TD) for theDublin South-Central from 1973 to 1977 and forDublin South from 1977 to 1989. He was aSenator for theCultural and Educational Panel from 1969 to 1973.[2]

Education

[edit]

Kelly received his primary and secondary education atSt Conleth's College inDublin 4 and at theGlenstal Abbey School inCounty Limerick, respectively.

He attendedUniversity College Dublin between 1949 and 1954, and carried out postgraduate studies in theHeidelberg University,Germany, from 1954 to 1956. His thesis was published in 1957 as "Princeps Iudex".

Academic career

[edit]

In the early 1960s, Kelly held a position as adon inTrinity College, Oxford.

He was a distinguished academic, serving for many years as Professor ofConstitutional law,Roman law andJurisprudence inUniversity College Dublin. He was author of the standard work on theConstitution of Ireland; 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 journalThe Irish Jurist in the 1960s.

Political career

[edit]

He first stood for election at the1969 general election as aFine Gael candidate in theDublin South-Central constituency. He was not elected toDáil Éireann on that occasion, but was subsequently elected toSeanad Éireann as a Senator for theCultural and Educational Panel. He was elected to Dublin South-Central on his second attempt at the1973 general election as a Fine GaelTD.[3] He was elected forDublin County South in1977, and forDublin South constituency from1981 until his retirement from politics at the1989 general election.

He served in the government ofLiam Cosgrave (1973–1977) asParliamentary Secretary to the Taoiseach with responsibility as Government Chief Whip and asParliamentary Secretary to the Minister for Defence.[4] In May 1977, he was appointed asAttorney General of Ireland, succeedingDeclan Costello upon the latter's appointment to theHigh Court.[5]

He served inGarret FitzGerald's firstcabinet from 1981 until 1982 asMinister for Trade, Commerce and Tourism.[6] Kelly was also appointed as actingMinister for Foreign Affairs, pending the appointment ofJames Dooge, who was to be appointed to theSeanad, and as a Minister in October 1981.[7]

Kelly declined appointment to FitzGerald's second government (1982–1987). Kelly felt that Irish politics should be aligned more on European ideological lines, and he promoted closer alignment withFianna Fáil and the end of coalition with theLabour Party.[citation needed] He did not seek re-election to the Dáil at the1989 general election.

Personal life

[edit]

Kelly's son Nick was lead singer and songwriter with Irish rock bandThe Fat Lady Sings.[8]

Kelly died on 24 January 1991, aged 59, after suffering a heart attack.

Publications

[edit]

Fiction:

  • Matters of Honour [asJohn Boyle] (London, New Authors Limited, 1964)
  • The Polling of the Dead (Moytura Press, 1993)ISBN 1-871305-18-7

Non-Fiction:

  • Fundamental rights in the Irish law and Constitution (2nd ed., Oceana Publications, 1968)ISBN 0-379-00075-X
  • Studies in the civil judicature of the Roman Republic (Oxford, Clarendon Press, 1976)ISBN 0-19-825337-0
  • The Irish Constitution (1st ed., 1980)
  • Belling the cats: Selected speeches and articles of John Kelly (Dublin, Moytura Press, 1992)ISBN 1-871305-08-X
  • A Short History of Western Legal Theory (Oxford University Press, 1992)ISBN 0-19-876244-5

Honours, awards and memorials

[edit]

John M. Kelly Memorial Lecture

[edit]

Since 1994, University College Dublin has hosted an annualJohn M. Kelly Memorial Lecture on law, with international legal experts asked to deliver papers. The lectures to date include:

  1. (November 1994)Savigny in the Strand – the Rt. Hon, the Lord Rodger of Earlsferry QC
  2. (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
  3. (14 November 1996)A Sense of Proportionality – the Rt. Hon, the Lord Leonard Hoffman
  4. (October 1997)Towards a Supreme Court? The British Experience – Michael Beloff, QC and President of Trinity College Oxford
  5. (November 1998)
  6. (October 1999)Stands Scotland where she did? New Unions for Old in these Islands – Prof Neil MacCormick
  7. (November 2000)
  8. (1 November 2001)Corrective and Distributive Justice in Tort Law – the Rt. Hon, the Lord Steyn
  9. (15 November 2002)Scholarship, Reputation of Scholarship, and Legacy: Provocative Reflections from a Comparatist’s Point of View – Prof.Basil Markesinis QC
  10. (5 November 2003)Liability for Non-Conformity: The new system of remedies in German sales' law and its historical context – Prof. Reinhard Zimmermann
  11. (21 January 2005)Law Maker or Law Reformer – what is a Law Lady for? – the Rt. Hon, the Baroness Brenda Hale of Richmond
  12. (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
  13. (27 March 2014)Justice, Memory and Art - Mr JusticeAlbie Sachs
  14. (16 April 2015)Diversity in Family Life: Developments in the Case Law of the European Court of Human Rights - Ms Ann Power Forde, SC
  15. (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
  16. (9 March 2017)Adverse Possession - Still an Ailing Concept? - Professor John Wylie
  17. (8 March 2018)On Lord Ellenborough's Law of Humanity - Professor Gerry Whyte[9]
  18. (31 January 2019)Populism and the Rule of Law - Professor Nicola Lacey CBE
  19. (26 March 2020)Law, Legitimacy and the Nation State -Lord Sumption

The Irish Jurist Memorial Issue

[edit]

Volumes XXV-XXVII of The Irish Jurist (ISBN 1-85800-043-2), covering the years 1990–1992, were published in memory of John Kelly.

References

[edit]
  1. ^ab"John M. Kelly papers, UCD Archives"(PDF).Archived(PDF) from the original on 19 November 2017. Retrieved18 June 2018.
  2. ^"John M. Kelly".Oireachtas Members Database.Archived from the original on 8 November 2018. Retrieved3 December 2012.
  3. ^"John M. Kelly".ElectionsIreland.org.Archived from the original on 25 September 2018. Retrieved3 December 2012.
  4. ^"Appointment of Ministers and Parliamentary Secretaries – Dáil Éireann (20th Dáil)".Houses of the Oireachtas. 14 March 1973. Retrieved8 February 2020.
  5. ^"Appointment of Attorney General – Dáil Éireann (20th Dáil)".Houses of the Oireachtas. 19 May 1977. Retrieved8 February 2020.
  6. ^"Appointment of Ministers and Ministers of State – Dáil Éireann (22nd Dáil)".Houses of the Oireachtas. 7 July 1981.Archived from the original on 28 October 2020. Retrieved1 February 2020.
  7. ^"Appointment of Minister – Dáil Éireann (22nd Dáil)".Houses of the Oireachtas. 22 October 1981.Archived from the original on 1 February 2020. Retrieved1 February 2020.
  8. ^"Former Fat Lady Sings frontman's first film draws on mental health issues".The Irish Times.Archived from the original on 10 September 2017. Retrieved17 June 2018.
  9. ^"John M. Kelly Lecture 2018 Delivered by Prof Gerry Whyte".Archived from the original on 10 February 2019. Retrieved10 February 2019.
Political offices
Preceded byGovernment Chief Whip
1973–1977
Succeeded by
Parliamentary Secretary to the Minister for Defence
1973–1977
Preceded byMinister for Foreign Affairs
(Acting)

June–October 1981
Succeeded by
Preceded byMinister for Trade, Commerce and Tourism
1981–1982
Succeeded by
Legal offices
Preceded byAttorney General of Ireland
May–July 1977
Succeeded by
Teachtaí Dála (TDs) for theDublin South-Central constituency
DáilElectionDeputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
13th1948Seán Lemass
(FF)
James Larkin Jnr
(Lab)
Con Lehane
(CnaP)
Maurice E. Dockrell
(FG)
John McCann
(FF)
14th1951Philip Brady
(FF)
15th1954Thomas Finlay
(FG)
Celia Lynch
(FF)
16th1957Jack Murphy
(Ind)
Philip Brady
(FF)
1958 by-electionPatrick Cummins
(FF)
17th1961Joseph Barron
(CnaP)
18th1965Frank Cluskey
(Lab)
Thomas J. Fitzpatrick
(FF)
19th1969Richie Ryan
(FG)
Ben Briscoe
(FF)
John O'Donovan
(Lab)
4 seats
1969–1977
20th1973John Kelly
(FG)
21st1977Fergus O'Brien
(FG)
Frank Cluskey
(Lab)
Thomas J. Fitzpatrick
(FF)
3 seats
1977–1981
22nd1981Ben Briscoe
(FF)
Gay Mitchell
(FG)
John O'Connell[a]
(Ind)
23rd1982 (Feb)Frank Cluskey
(Lab)
24th1982 (Nov)Fergus O'Brien
(FG)
25th1987Mary Mooney
(FF)
26th1989John O'Connell
(FF)
Eric Byrne
(WP)
27th1992Pat Upton
(Lab)
4 seats
1992–2002
1994 by-electionEric Byrne
(DL)
28th1997Seán Ardagh
(FF)
1999 by-electionMary Upton
(Lab)
29th2002Aengus Ó Snodaigh
(SF)
Michael Mulcahy
(FF)
30th2007Catherine Byrne
(FG)
31st2011Eric Byrne
(Lab)
Joan Collins
(PBP)
Michael Conaghan
(Lab)
32nd2016Bríd Smith
(AAA–PBP)
Joan Collins[b]
(I4C)
4 seats
from 2016
33rd2020Bríd Smith
(S–PBP)
Patrick Costello
(GP)
34th2024Catherine Ardagh
(FF)
Máire Devine
(SF)
Jen Cummins
(SD)
  1. ^O'Connell served asCeann Comhairle in the 22nd and 23rd Dáil from 1981 to 1983 and was returned automatically at the February 1982 and November 1982 general elections. He joined Fianna Fáil in January 1985.
  2. ^FoundedRight to Change in May 2020.
Teachtaí Dála (TDs) for theDublin County South constituency
DáilElectionDeputy
(Party)
Deputy
(Party)
Deputy
(Party)
19th1969Kevin Boland
(FF)
Tom O'Higgins
(FG)
Richard Burke
(FG)
1970 by-electionLarry McMahon
(FG)
20th1973Ruairí Brugha
(FF)
21st1977John Kelly
(FG)
Niall Andrews
(FF)
John Horgan
(Lab)
22nd1981Constituency abolished. SeeDublin South
Teachtaí Dála (TDs) for theDublin South constituency
DáilElectionDeputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
2nd1921Thomas Kelly
(SF)
Daniel McCarthy
(SF)
Constance Markievicz
(SF)
Cathal Ó Murchadha
(SF)
4 seats
1921–1923
3rd1922Thomas Kelly
(PT-SF)
Daniel McCarthy
(PT-SF)
William O'Brien
(Lab)
Myles Keogh
(Ind)
4th1923Philip Cosgrave
(CnaG)
Daniel McCarthy
(CnaG)
Constance Markievicz
(Rep)
Cathal Ó Murchadha
(Rep)
Michael Hayes
(CnaG)
Peadar Doyle
(CnaG)
1923 by-electionHugh Kennedy
(CnaG)
March 1924 by-electionJames O'Mara
(CnaG)
November 1924 by-electionSeán Lemass
(SF)
1925 by-electionThomas Hennessy
(CnaG)
5th1927 (Jun)James Beckett
(CnaG)
Vincent Rice
(NL)
Constance Markievicz
(FF)
Thomas Lawlor
(Lab)
Seán Lemass
(FF)
1927 by-electionThomas Hennessy
(CnaG)
6th1927 (Sep)Robert Briscoe
(FF)
Myles Keogh
(CnaG)
Frank Kerlin
(FF)
7th1932James Lynch
(FF)
8th1933James McGuire
(CnaG)
Thomas Kelly
(FF)
9th1937Myles Keogh
(FG)
Thomas Lawlor
(Lab)
Joseph Hannigan
(Ind)
Peadar Doyle
(FG)
10th1938James Beckett
(FG)
James Lynch
(FF)
1939 by-electionJohn McCann
(FF)
11th1943Maurice Dockrell
(FG)
James Larkin Jnr
(Lab)
John McCann
(FF)
12th1944
13th1948Constituency abolished. SeeDublin South-Central,Dublin South-East andDublin South-West.


Note that the boundaries of Dublin South from 1981–2016 share no common territory with the 1921–1948 boundaries. See§History and boundaries

DáilElectionDeputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
Deputy
(Party)
22nd1981Niall Andrews
(FF)
Séamus Brennan
(FF)
Nuala Fennell
(FG)
John Kelly
(FG)
Alan Shatter
(FG)
23rd1982 (Feb)
24th1982 (Nov)
25th1987Tom Kitt
(FF)
Anne Colley
(PDs)
26th1989Nuala Fennell
(FG)
Roger Garland
(GP)
27th1992Liz O'Donnell
(PDs)
Eithne FitzGerald
(Lab)
28th1997Olivia Mitchell
(FG)
29th2002Eamon Ryan
(GP)
30th2007Alan Shatter
(FG)
2009 by-electionGeorge Lee
(FG)
31st2011Shane Ross
(Ind)
Peter Mathews
(FG)
Alex White
(Lab)
32nd2016Constituency abolished. SeeDublin Rathdown,Dublin South-West andDún Laoghaire.
Administrative Panel
Agricultural Panel
Cultural and Educational Panel
Industrial and Commercial Panel
Labour Panel
Dublin University
National University
Nominated by the Taoiseach
Elected or nominated later
Irish Free State
Ireland
FitzGerald cabinet (1981–1982)
Parliamentary Secretary to the President
(1922–1937)
Parliamentary Secretary to the Taoiseach
(1937–1977)
Minister of State at the Department of the Taoiseach
(1978–present)
International
National
People
Other
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