Adrian Hardiman
Encyclopedia
Adrian Hardiman has been a justice of the Supreme Court of Ireland
since 7 February 2000. He received the rare honour of being appointed directly from the Bar to Ireland's highest court. Many commentators were surprised by his appointment as he was (by judicial standards) a relatively young man making it likely he would serve on the court for an unusually long time. Hardiman was also a noted bon viveur whilst a barrister and by tradition was required post appointment to not socialise in the same manner that he had done before. Prior to his elevation to the Supreme Court, he was one of the leading and best paid members of the Irish bar.
, Dublin and University College Dublin
(where he studied history) and Kings Inns. He was president of the Student Union at UCD and Auditor of the Literary and Historical Society (University College Dublin) and won The Irish Times
National Debating Championship
in 1973.
between 1 January 1975 and 1 May 2004. They have three sons, one of whom, Eoin, is a barrister (and a member of the Mountjoy Prison Visiting Committee); another, Hugh, was a personal assistant to Michael McDowell
, when he was Minister for Justice, Equality and Law Reform, and Daniel (Medical Student).
He was a founder member of the Progressive Democrats and left the party when appointed to the Supreme Court. He is still considered to be very close to the former party leader and ex-Tánaiste
, Michael McDowell
.
2007
2006
2005
2003
2002
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
since 7 February 2000. He received the rare honour of being appointed directly from the Bar to Ireland's highest court. Many commentators were surprised by his appointment as he was (by judicial standards) a relatively young man making it likely he would serve on the court for an unusually long time. Hardiman was also a noted bon viveur whilst a barrister and by tradition was required post appointment to not socialise in the same manner that he had done before. Prior to his elevation to the Supreme Court, he was one of the leading and best paid members of the Irish bar.
Education
Educated by the Jesuits at Belvedere CollegeBelvedere College
Belvedere College SJ is a private secondary school for boys located on Great Denmark Street, Dublin, Ireland. It is also known as St. Francis Xavier's College....
, Dublin and University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
(where he studied history) and Kings Inns. He was president of the Student Union at UCD and Auditor of the Literary and Historical Society (University College Dublin) and won The Irish Times
The Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...
National Debating Championship
Irish Times National Debating Championship
The Irish Times National Debating Championship is a debating competition for students in higher education in Ireland. It has been run since 1960, sponsored by The Irish Times...
in 1973.
Family
His wife, Her Honour Judge Yvonne Murphy, from County Donegal, is a judge of the Circuit Court and was appointed on 28 March 2006 to Chair the Commission of Investigation into sexual abuse by Catholic clergy from, or attached to, the Archdiocese of DublinArchbishop of Dublin (Roman Catholic)
The Archbishop of Dublin is the title of the senior cleric who presides over the Archdiocese of Dublin. The Church of Ireland has a similar role, heading the United Dioceses of Dublin and Glendalough. In both cases, the Archbishop is also Primate of Ireland...
between 1 January 1975 and 1 May 2004. They have three sons, one of whom, Eoin, is a barrister (and a member of the Mountjoy Prison Visiting Committee); another, Hugh, was a personal assistant to Michael McDowell
Michael McDowell
Michael McDowell is a Senior Counsel in the Bar Council of Ireland and a former politician. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats political party in the mid-1980s...
, when he was Minister for Justice, Equality and Law Reform, and Daniel (Medical Student).
Political career
He joined Fianna Fáil in college and stood (unsuccessfully) for the party in the local elections in 1979.He was a founder member of the Progressive Democrats and left the party when appointed to the Supreme Court. He is still considered to be very close to the former party leader and ex-Tánaiste
Tánaiste
The Tánaiste is the deputy prime minister of Ireland. The current Tánaiste is Eamon Gilmore, TD who was appointed on 9 March 2011.- Origins and etymology :...
, Michael McDowell
Michael McDowell
Michael McDowell is a Senior Counsel in the Bar Council of Ireland and a former politician. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats political party in the mid-1980s...
.
Key judgments
Hardiman has written a number of important judgments since joining the Court. He has also presided (as does each Supreme Court judge on a rotating basis) over the Court of Criminal Appeal. The following is a selection of judgments delivered by Mr Justice Hardiman, in reverse chronological order:2007
- O'Callaghan -v- Judge Mahon: dissent; holding that Tribunal of Inquiry should be prevented from further inquiring into the applicants; cites R -v- Lynch (1829) - the Doneraile Conspiracy case - in which by skilful cross-examination Daniel O'Connell secured acquittals on capital charges; concluded that the contrary approach "would represent a very marked coarsening of our standards of procedural fairness."
- Shortt -v- The Commissioner of An Garda Síochána: one of two judgments, in which the Court more than doubled (€1.9m to €4.7m) the damages granted to a man wrongfully imprisoned for over two years after two members of an Garda Síochána concocted evidence against him
- P.H. -v- D.P.P.
2006
- D.P.P. -v- Anthony Barnes: discusses and restates the criminal law of self-defence in the case of burglary
- McK. -v- Homan
- N -v- Health Service Executive: one of five judgments given by the Court; this case concerned the circumstances in which a parent may exercise the right provided for in Irish law to rescind initial consent to adoption.
- A. -v- The Governor of Arbour Hill Prison: one of five judgments; the case concerned a "collateral" challenge by a prisoner to the lawfulness of his detention following the judgment in C.C. -v- Ireland (see immediately below).
- C.C. -v- Ireland: striking down as unconstitutional part of the law on statutory rape, due to the absence in any circumstances of a defence of honest mistake as to age.
2005
- O'Callaghan -v- The Hon. Mr. Justice Mahon
2003
- Gough -v- Neary
- Lobe -v- Minister for Justice, Equality and Law Reform: one of seven judgments in a case concerning whether the State could deport the parents of Irish citizens who were still minors; the Court by a majority (5-2) dismissed the appeal and allowed the deportation of the family.
2002
- Dunne -v- D.P.P.: one of a series of cases, beginning with Braddish v D.P.P., in which the Court considered the contours of the Garda Síochána's duty to seek out and preserve evidence relevant to a criminal trial.
- Ardagh -v-. Maguire: this case concerned the procedures to be applied by a parliamentary inquiry into an incident in which an Garda Síochána shot dead a civilian, John Carthy.
See also
- Auditors of the Literary and Historical Society (University College Dublin)Auditors of the Literary and Historical Society (University College Dublin)The Auditor of the Literary and Historical Society at University College Dublin, Ireland is a position elected by the members of the society. In this setting, the term auditor has no connection with accounting but means "a position corresponding to that of President of the Union at Oxford or...