This article is part of the series Politics of the R. of Ireland

President Council of State Presidential Commission

Oireachtas Dáil Éireann Seanad Éireann

Government Taoiseach Tánaiste

Courts Supreme Court High Court

Constitution Referendum

Elections: Presidential, 2004 Legislative, 2002 Political parties The Coat of Arms of the Republic of Ireland This image depicts a seal, an emblem, a coat of arms or a crest. ... The Republic of Ireland is a sovereign, independent state. ... The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. ... The Council of State (Irish: Comhairle Stáit) is an organ established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of her discretionary, reserve powers. ... The Presidential Commission (Irish: Coimisiún Uachtarán) is the collective vice-presidency of the Republic of Ireland. ... The Oireachtas is the National Parliament of the Republic of Ireland1. ... Dáil Éireann[1] is the lower house of the Oireachtas (parliament) of the Republic of Ireland. ... Seanad Éireann (English: Senate of Ireland), the Irish Senate, is the upper house of the Oireachtas: the parliament of the Republic of Ireland1. ... The Taoiseach (plural: Taoisigh) or, more formally, An Taoiseach, is the head of government of the Republic of Ireland and the leader of the Irish cabinet1. ... The Tánaiste (plural: Tánaistithe), or more formally An Tánaiste, is the deputy prime minister of the Republic of Ireland1. ... The courts system in the Republic of Ireland consists of the Supreme Court, the High Court and a number of lower courts. ... The High Court of the Republic of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases, and also acts as a court of appeal for civil cases in the Circuit Court. ... An amendment may be made to any part of Bunreacht na hÉireann, the constitution of the Republic of Ireland, but only by referendum. ... Elections in the Republic of Ireland gives information on election and election results in the Republic of Ireland. ... The date for Irelands presidential election was set for 22 October 2004. ... The Irish general election of 2002 was held on Friday 17 May 2002, just over three weeks after the dissolution of the 28th Dáil on Thursday 25 April by President Mary McAleese, at the request of the Taoiseach, Bertie Ahern. ... There are a number of political parties in the Republic of Ireland, and coalition governments are common. ...

The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. The Supreme Court is the "Court of Final Appeal" and exercises judicial review, to ensure that other institutions of the state comply with the Irish constitution. The Supreme Court consists of its presiding member, the Chief Justice, and seven other judges. Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government. The Supreme Court currently sits in the Four Courts in Dublin. Judicial review is the power of a court to review a law or an official act of a government employee or agent; for example, although the basis is different in different countries, as unconstitutional or violating of basic principles of justice. ... The Constitution of Ireland is the founding legal document of the state known today as the Republic of Ireland. ... The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. ... The Four Courts in Dublin is the Republic of Irelands main courts building. ... Dublin (Irish: Baile Átha Cliath),is the capital and largest city of the Republic of Ireland, located near the midpoint of Irelands east coast, at the mouth of the River Liffey and at the centre of the Dublin region. ...

Establishment

The modern Supreme Court was established under the terms of Bunreacht na hÉireann, the modern Irish constitution enacted in 1937. Unusually, however, though it was constitutionally created in 1937, the new Supreme Court did not come into existence until 1961. The transitory provisions of the new constitution allowed the previous Supreme Court of the Irish Free State to continue to exist pending the formal legal creation of the new court in statute law. Due to an oversight the temporary continuation of the old court did not end until 1961 when the new court was formally legally constituted, albeit with no change in membership and little change in procedure. Some lawyers have questioned whether all decisions taken by the old Supreme Court up to 1961 are legally sound as a result, given that the old court in their view, as constituted under the old constitution, did not have all the legal jurisdiction possessed by the new court. In particular questions have been raised about the old court's rulings in references by Presidents of Ireland of bills to the Supreme Court to test their constitutionality, and as to whether, unlike decisions of the modern Supreme Court with regard to presidential references, those decisions may still be reviewed and possibly overturned. 1961 was a common year starting on Sunday (link will take you to calendar). ... Dublin Castle Seat of the Supreme Court of the Irish Free State until 1931. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

The issue as to whether the Supreme Court in existence between 1937 and 1961 was a legal continuation of the old court with its old powers, or was a temporary new court operating exclusively with the powers given to the new Supreme Court by the Bunreacht, is still a matter of legal dispute and debate because the relevant line in the Transitory Article 58, "subject to the provisions of this Constitution relating to the determination of questions as to the validity of any law, continue to exercise the same jurisdiction respectively as theretofore" could imply either that the old court was receiving new powers vis-a-vis the determination of the constitutionality of a law, or was subject to restrictions imposed by the new constitution, with its previous jurisdiction otherwise unchanged. Though a topic of academic debate, no clear interpretation has been given as to which meaning for the words is the correct one.

Composition and functions

The precise number of judges of the Supreme Court may be changed by law. At present it consists of the Chief Justice and seven ordinary judges. In addition it also includes the President of the High Court who is ex officio a member of the court. The Supreme Court sits as a three, five or eight judge court and may sit in two or more divisions at the same time. When ruling on constitutional questions it must sit as either a five or eight judge court. Judges of the Supreme Court may be removed from office, but only for stated misbehaviour or incapacity. To remove a judge a resolution must be passed by both houses of the Oireachtas (parliament). Once such a motion has been approved the judge is dismissed by the President. The High Court of the Republic of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases, and also acts as a court of appeal for civil cases in the Circuit Court. ... The Oireachtas is the National Parliament of the Republic of Ireland1. ...

The court has such appellate jurisdiction from decisions of the High Court and lower courts as is determined by law. However the law cannot exempt from the Supreme Court's jurisdiction the power to decide upon the constitutionality of laws. In practice the Supreme will usually only hear appeals on points of law. Under Article 12 of the constitution if the Supreme Court, in a sitting consisting of at least five judges, determines that the President has become "permanently incapacitated" then it may remove the President from office. The remuneration of a judge may not be diminished during their term of office.

Today the Irish judiciary shares authority with two supra-national courts: the International Criminal Court and the European Court of Justice. In matters relating to the correct interpretation of European Union law decisions of the European Court of Justice take precedence over those of the Irish Supreme Court. Decisions of the European Court of Human Rights have been accepted as part of the Council of Europe system to which Ireland is also party. Although this may require legislation and states can derogate. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... European Court of Justice The ECJ should not be mistaken for the European Court of Human Rights, a Council of Europe institution. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...

Judicial review

The Four Courts in Dublin, location of the Supreme Court

The Irish constitution states that: image of Dublins main court building. ... image of Dublins main court building. ...

every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid (Article 15.4.2).

The activities of the Government (executive) must also be both constitutional and legal. The constitution makes the Supreme Court the highest authority in interpreting the constitution and its decision on any such question is final. The court can therefore strike down laws, or provisions of laws, that it finds to be unconstitutional and order the Government to comply with the constitution. The Supreme Court also settles questions as to the correct interpretation of ordinary laws. However, the Supreme Court cannot declare to be invalid a law that has previously been referred to it by the President, under her reserve powers, and on that occasion been found to be constitutional.

In its rulings the members of the Supreme Court are usually permitted to give dissenting opinions. However, when ruling on the constitutionality of a bill referred to it by the President, no such dissenting opinions are permitted. After a slow start in its first few decades the Supreme Court has made some important decisions in judicial review. In particular it has:

• Ruled that Articles 2 and 3 (as they stood before 1999) did not impose obligations upon the state that were enforceable in a court of law
• Ruled that major changes to the treaties establishing the European Union may not be ratified by the state unless accompanied by a constitutional amendment.
• Discovered a broad right to privacy in marital affairs implicit in Article 41.
• Discovered a right to an abortion where there is a risk to the life of the mother through suicide in Article 40.

Article 2 and Article 3 of Bunreacht na hÉireann, the constitution of the Republic of Ireland, were adopted with the constitution as a whole in 1937, but completely revised by means of the Nineteenth Amendment which took full effect in 1999. ...

Important rulings

• 1971 - Byrne v. Ireland (state no longer immune from suit).
• 1973 - Boland v. An Taoiseach (challenge to constitutionality of Sunningdale Agreement)
• 1974 - McGee v. The Attorney General (marital privacy and the legalisation of contraceptives).
• 1983 - Norris v. The Attorney General (criminalisation of homosexuality upheld)
  • Later reversed by European Court of Human Rights in Norris v Ireland
• 1987 - Crotty v. An Taoiseach (ratification of European treaties)
• 1990 - McGimpsey v. Ireland (challenge to the constitutionality of the Anglo-Irish Agreement)
• 1992 - Attorney General v. X, more commonly the "X case" (abortion and risk of suicide)
• 1995 - McKenna v. An Taoiseach (government cannot spend public money to promote one side in a referendum campaign)

1971 is a common year starting on Friday (click for link to calendar). ... 1973 was a common year starting on Monday. ... The Sunningdale Agreement on December 9, 1973, was an attempt to end the Northern Ireland troubles by forcing unionists to share power with nationalists. ... 1974 is a common year starting on Tuesday (click on link for calendar). ... 1983 is a common year starting on Saturday of the Gregorian calendar. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints from Council of Europe member states. ... 1987 is a common year starting on Thursday of the Gregorian calendar. ... 1990 is a common year starting on Monday of the Gregorian calendar. ... The Anglo-Irish Agreement was an agreement between the United Kingdom and the Republic of Ireland which aimed to bring an end to the Troubles in Northern Ireland. ... 1992 is a leap year starting on Wednesday of the Gregorian calendar. ... Attorney General v. ... 1995 was a common year starting on Sunday of the Gregorian calendar. ...

Current judges (23 May 2005)

• The Chief Justice The Hon Mr Justice John L. Murray
• The Hon Mrs Justice Susan Denham
• The Hon Mrs Justice Catherine Mc Guinness, President of the Law Reform Commission
• The Hon Mr Justice Adrian Hardiman
• The Hon Mr Justice Hugh Geoghegan
• The Hon Mr Justice Nial Fennelly
• The Hon Mr Justice Brian McCracken
• The Hon Mr Justice Nicholas Kearns
• The Hon Mrs Justice Fidelma Macken
• Justice Joseph Finnegan, President of the High Court (ex officio member)

John L. Murray was appointed as the Chief Justice of the Irish Supreme Court in July 2004, replacing Ronan Keane. ...

Related topics

• Courts of the Republic of Ireland
• Politics of the Republic of Ireland
• Supreme court
• Judiciary
• History of the Republic of Ireland
• Abortion in Ireland

The courts system in the Republic of Ireland consists of the Supreme Court, the High Court and a number of lower courts. ... The Republic of Ireland is a sovereign, independent state. ... The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ... The state known today as the Republic of Ireland came into being when twenty-six of the counties of Ireland seceded from the United Kingdom (UK) in 1922. ... The subject of abortion has had a controversial history in Ireland, and remains a controversial subject today. ...

External link

• Irish Courts Service - the Courts