Justice John MacMenamin
... Bentham considered that natural rights were a “contradiction in terms” or “nonsense on stilts”. ... The common law jurisprudence ... however surely indicates that Bentham went considerably too far in condemning such rights out of hand, but the problem of identification and categorisation remains. What is the source of such rights? Some might suggest they are “natural rights” cloaked in positivist language. They are sourced in the connection by blood and upbringing of parent and child.
Mr. Justice John MacMenamin was nominated for appointment as a justice of the Supreme Court of Ireland in February 2012.
He was appointed a judge of the High Court in 2004 and his decisions dealt primarily with judicial review matters. He was appointed a member of the Special Criminal Court in 2009. Justice MacMenamin was in charge of the High Court Minors list for three years. He is Ireland’s representative on the CCJE, the Consultative Council of European Judges - an advisory commitee to the Council of Ministers of the Council of Europe
Justice MacMenamin has decided a number of cases with a significant European human rights dimension, addressing issues as to the rights of asylum seekers, children in need of special care, treatment of prisoners and unmarried fathers.
He has published a number of papers and made contributions to seminars, especially with regard to family law and the law of children.
He graduated from University College Dublin with an Honours degree in History in 1973. As a student he was a Council member of Free Legal Advice Centres, and was involved in running a centre in Ballyfermot. He qualified as a barrister at the King's Inns in 1975 and was called to the Bar that year. He was called to the Inner Bar in 1991 and engaged in general practice specialising in Judicial Review work. He appeared and acted for a number clients before the Flood/Mahon Tribunal and acted for the Department of Health and members of the Cabinet including the Taoiseach before the Ryan Tribunal. He was the Bar Council Chairman from1997 to 1999.