Edward McTiernan
Encyclopedia
Sir Edward Aloysius McTiernan, KBE
(16 February 1892 – 9 January 1990), was an Australia
n jurist, lawyer and politician. He served as an Australian Labor Party
member of both the New South Wales Legislative Assembly
and federal House of Representatives
before being appointed to the High Court of Australia
in 1930. He sat on many significant cases on the bench, eventually becoming the longest-serving judge in the court's history, before finally retiring in 1976.
family in Glen Innes
. Educated at Marist Brothers' College, Darlinghurst, he studied arts and law at the University of Sydney
. He graduated in 1915 and was called to the bar the following year.
After five years as a barrister, McTiernan was elected to the New South Wales Legislative Assembly
in 1920 as the Member for Western Suburbs
. McTiernan served in the ministry as Minister for Justice from April to December 1920 and Attorney-General of New South Wales from April 1920 to May 1927, and was heavily involved in Premier Jack Lang
's attempt to abolish the New South Wales Legislative Council
. He retired from the Assembly in 1927 and took up a position as a law lecturer with his alma mater. Two years later, however, he was elected to federal parliament as the member for Parkes
. This was to be short-lived, as in 1930, one year into McTiernan's term, Prime Minister
James Scullin
controversially appointed him to the High Court of Australia
.
, which struck down an attempt to nationalise the banks, Australian Communist Party v The Commonwealth, which struck down an attempt to ban the Communist Party of Australia
and R v Kirby; ex parte Boilermakers' Society of Australia
, which reinforced the doctrine of the separation of powers. He served under five Chief Justices
- Sir Isaac Isaacs
, Sir Frank Gavan Duffy
, Sir John Latham, Sir Owen Dixon
and Sir Garfield Barwick
, and was knighted himself in 1951.
McTiernan was one of only eight justices of the High Court to have served in the Parliament of Australia
prior to his appointment to the Court; the others were Edmund Barton
, Richard O'Connor, Isaac Isaacs
, H. B. Higgins
, John Latham, Garfield Barwick
, and Lionel Murphy
. He was also one of six justices to have served in the Parliament of New South Wales
, along with Barton, O'Connor, Albert Piddington
, Adrian Knox
and H. V. Evatt
.
In total, McTiernan was a member of the High Court for 46 years, making him the longest-serving judge in its history. This is a record not now likely to be broken, as constitutional changes in 1977, perhaps sparked by McTiernan's extremely long term, introduced compulsory retirement ages for judges. McTiernan had no intention of resigning from the bench even into the 1970s, but after breaking his hip at the age of 84 in 1976, Chief Justice
Barwick
's refusal to install a wheelchair ramp to allow him to return to the bench prompted his retirement. He died in 1990, at the age of 97.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(16 February 1892 – 9 January 1990), was an Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n jurist, lawyer and politician. He served as an Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
member of both the New South Wales Legislative Assembly
New South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
and federal House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
before being appointed to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
in 1930. He sat on many significant cases on the bench, eventually becoming the longest-serving judge in the court's history, before finally retiring in 1976.
Early years
McTiernan was born into an Irish CatholicIrish Catholic
Irish Catholic is a term used to describe people who are both Roman Catholic and Irish .Note: the term is not used to describe a variant of Catholicism. More particularly, it is not a separate creed or sect in the sense that "Anglo-Catholic", "Old Catholic", "Eastern Orthodox Catholic" might be...
family in Glen Innes
Glen Innes, New South Wales
Glen Innes is a parish and town on the Northern Tablelands, in the New England region of New South Wales, Australia. It is the centre of the Glen Innes Severn Shire Council. The town is located at the intersection of the New England Highway and the Gwydir Highway...
. Educated at Marist Brothers' College, Darlinghurst, he studied arts and law at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
. He graduated in 1915 and was called to the bar the following year.
Political career
New South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
in 1920 as the Member for Western Suburbs
Electoral district of Western Suburbs
Western Suburbs was an electoral district of the Legislative Assembly in the Australian state of New South Wales in Sydney's inner western suburbs. It was created as a five-member electorate with the introduction of proportional representation in 1920, replacing Ashfield, Dulwich Hill, Leichhardt,...
. McTiernan served in the ministry as Minister for Justice from April to December 1920 and Attorney-General of New South Wales from April 1920 to May 1927, and was heavily involved in Premier Jack Lang
Jack Lang (Australian politician)
John Thomas Lang , usually referred to as J.T. Lang during his career, and familiarly known as "Jack" and nicknamed "The Big Fella" was an Australian politician who was Premier of New South Wales for two terms...
's attempt to abolish the New South Wales Legislative Council
New South Wales Legislative Council
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as...
. He retired from the Assembly in 1927 and took up a position as a law lecturer with his alma mater. Two years later, however, he was elected to federal parliament as the member for Parkes
Division of Parkes (1901-69)
The Division of Parkes was an Australian Electoral Division in the state of New South Wales. It was located in the south-west of Sydney, and originally included the suburbs of Canterbury, Burwood and Ashfield...
. This was to be short-lived, as in 1930, one year into McTiernan's term, Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
James Scullin
James Scullin
James Henry Scullin , Australian Labor politician and the ninth Prime Minister of Australia. Two days after he was sworn in as Prime Minister, the Wall Street Crash of 1929 occurred, marking the beginning of the Great Depression and subsequent Great Depression in Australia.-Early life:Scullin was...
controversially appointed him to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
.
High court
As a judge of the High Court, McTiernan oversaw several of the most significant cases in Australian legal history, including Bank of New South Wales v CommonwealthBank of New South Wales v Commonwealth
Bank of New South Wales v The Commonwealth 76 CLR 1, also known as the Bank Nationalisation Case, is a notable case of the High Court of Australia.-Background:...
, which struck down an attempt to nationalise the banks, Australian Communist Party v The Commonwealth, which struck down an attempt to ban the Communist Party of Australia
Communist Party of Australia
The Communist Party of Australia was founded in 1920 and dissolved in 1991; it was succeeded by the Socialist Party of Australia, which then renamed itself, becoming the current Communist Party of Australia. The CPA achieved its greatest political strength in the 1940s and faced an attempted...
and R v Kirby; ex parte Boilermakers' Society of Australia
R v Kirby; Ex parte Boilermakers' Society of Australia
R v. Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10; 94 CLR 254 was a case in which the High Court of Australia held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions...
, which reinforced the doctrine of the separation of powers. He served under five Chief Justices
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
- Sir Isaac Isaacs
Isaac Isaacs
Sir Isaac Alfred Isaacs GCB GCMG KC was an Australian judge and politician, was the third Chief Justice of Australia, ninth Governor-General of Australia and the first born in Australia to occupy that post. He is the only person ever to have held both positions of Chief Justice of Australia and...
, Sir Frank Gavan Duffy
Frank Gavan Duffy
Sir Frank Gavan Duffy, KCMG, PC, QC , Australian judge, was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to 1935.-Early life:...
, Sir John Latham, Sir Owen Dixon
Owen Dixon
Sir Owen Dixon, OM, GCMG, KC Australian judge and diplomat, was the sixth Chief Justice of Australia. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.-Education:Dixon...
and Sir Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
, and was knighted himself in 1951.
McTiernan was one of only eight justices of the High Court to have served in the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
prior to his appointment to the Court; the others were Edmund Barton
Edmund Barton
Sir Edmund Barton, GCMG, KC , Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia....
, Richard O'Connor, Isaac Isaacs
Isaac Isaacs
Sir Isaac Alfred Isaacs GCB GCMG KC was an Australian judge and politician, was the third Chief Justice of Australia, ninth Governor-General of Australia and the first born in Australia to occupy that post. He is the only person ever to have held both positions of Chief Justice of Australia and...
, H. B. Higgins
H. B. Higgins
Henry Bournes Higgins , Australian politician and judge, always known in his lifetime as H. B. Higgins, was a highly influential figure in Australian politics and law.-Career:...
, John Latham, Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
, and Lionel Murphy
Lionel Murphy
Lionel Keith Murphy, QC was an Australian politician and jurist who served as Attorney-General in the government of Gough Whitlam and as a Justice of the High Court of Australia from 1975 until his death.- Personal life :...
. He was also one of six justices to have served in the Parliament of New South Wales
Parliament of New South Wales
The Parliament of New South Wales, located in Parliament House on Macquarie Street, Sydney, is the main legislative body in the Australian state of New South Wales . It is a bicameral parliament elected by the people of the state in general elections. The parliament shares law making powers with...
, along with Barton, O'Connor, Albert Piddington
Albert Piddington
Albert Bathurst Piddington was the shortest serving Justice of the High Court of Australia, never actually sitting at the bench. Appointed on 6 March 1913, he resigned on 5 April after opponents questioned his independence.-Early life:Piddington was born in 1862 in Bathurst, New South Wales...
, Adrian Knox
Adrian Knox
Sir Adrian Knox KCMG, KC , Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930.-Education:...
and H. V. Evatt
H. V. Evatt
Herbert Vere Evatt, QC KStJ , was an Australian jurist, politician and writer. He was President of the United Nations General Assembly in 1948–49 and helped draft the United Nations Universal Declaration of Human Rights...
.
In total, McTiernan was a member of the High Court for 46 years, making him the longest-serving judge in its history. This is a record not now likely to be broken, as constitutional changes in 1977, perhaps sparked by McTiernan's extremely long term, introduced compulsory retirement ages for judges. McTiernan had no intention of resigning from the bench even into the 1970s, but after breaking his hip at the age of 84 in 1976, Chief Justice
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
's refusal to install a wheelchair ramp to allow him to return to the bench prompted his retirement. He died in 1990, at the age of 97.