The Government has appointed Judge Frank Clarke as the Chief Justice of the Supreme Court. Writing in the Irish Times, legal analyst, Ruadhán Mac Cormaic said the Judge comes with a “radical edge” that may take the Court in a new direction.
In the 2013 Marie Fleming case, the court rejected the argument that there was a right to assisted suicide. While Clarke did not give a written opinion, MacCormaic writes that “given Clarke’s line of questioning at the hearing it would be no surprise if he argued in private for the alternative result, which would have been considered within the current judiciary quite a radical position”.
In a major surrogacy case before the Court in 2014 on whether the genetic mother of twins born to a surrogate could be registered as their mother, Clarke alone concluded that, in the absence of a definition of the term, “mother” applied equally to a birth mother and a genetic mother.
In a foreshadowing of his jurisprudential philosophy, he also remarked that “there may be circumstances where the courts are required to develop common law principles to meet new scientific circumstances” – a view that his colleague, Justice Adrian Hardiman saw as indicating a strikingly expansive view of the courts’ power.