Natural Law in Early Twentieth Century Ireland – State (Ryan) v Lennon and its Aftermath

Abstract

This article examines the perceived and desired relationship between natural law and Irish law held by constitutional drafters, academic commentators and judges in the early twentieth century. References to natural law values in interpreting Irish law were not acceptable before 1922 when the entire island of Ireland remained part of the United Kingdom. In this period the concept of natural law was largely championed by the Catholic church but was also used by Irish nationalists to justify calls for independence. The emergence of the self-governing Irish Free State in 1922 did not immediately change this position and natural law was limited to a peripheral position during the drafting of the first Irish Constitution. This article examines how and why the use of natural law by the Irish courts became increasingly acceptable by the middle of the twentieth century. The article will also examine the connection between the drafting of the 1922 Constitution of the Irish Free State and the 1934 judgment of the Supreme Court in State (Ryan) v Lennon. This provides a new perspective on the judgments delivered in this case and on the origins of the use of natural law in interpreting Irish constitutional law. The article will also examine the legacy of State (Ryan) v Lennon, the position of natural law in the 1937 Irish Constitution and the evolving position of natural law in the decades that followed.