Courts of Ireland
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The courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court, the lowest court of the land. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually occur before a jury. The High Court and the Supreme Court have authority, by means of judicial review, to determine the compatibility of laws and activities of other institutions of the state with the constitution and the law. Except in exceptional circumstances, court hearings must occur in public.
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[edit] Introduction
The current system of courts is provided for in Article 34 of the Constitution of Ireland. However it was not until the Courts (Establishment and Constitution) Act 1961 became law that this system took effect. Between the enactment of the constition, in 1937, until the act became law the courts system provided for under the Constitution of the Irish Free State and the Courts of Justice Act 1924 continued their work under the 1937 constitution's Transitory Provisions.
Articles 34 to 37 of the Constitution deal with the administration of justice generally.
The Courts Service Act 1998 created the Courts Service of Ireland. The service was created to manage the courts and its associated property and provide assistance and facilities to its users, including judges. The service also provides information to the public. The Courts Service Board which oversees policy formulation and implementation is headed by a Chief Executive Officer. Judges of the courts are independent of the service in their judicial functions and are in that capacity paid by the state and not the service − the service is not accountable or responsible for the actual administration of justice.
[edit] The Courts
[edit] Superior courts
The Supreme Court and the High Court are established by the constitution. The Supreme Court is defined as the "Court of Final Appeal" but usually only hears appeals on points of law. Its decision as to the interpretation of the constitution and the law is final. The High Court also has authority to interpret the constitution. It also tries the most serious criminal and civil cases and hears certain appeals from lower courts. When sitting as a criminal court it is called the Central Criminal Court; its trials occurs before a jury.
[edit] Lower courts
The Supreme Court and the High Court are the only courts specifically required by the constitution. Other courts are established by law. Beneath the superior courts are the Circuit Court and the District Court. The Circuit Court deals with matters that must be tried before a jury. The District Court deals only with minor matters that may be tried summarily.
The constitution provides for only two fora in which a serious crime may be tried in the absence of a jury. A trial before a military tribunal may occur without a jury, and the constitution also grants the Oireachtas (parliament) broad authority to establish "special courts" that may try serious offences in the absence of a jury, whenever it considers this to be in the interests of justice or public order. Such a court has been established in the form of the Special Criminal Court, which has been used to try those accused of being members of paramilitary organisations (such as the Provisional IRA) or of leading organised crime.
[edit] The Judiciary
[edit] Appointment of judges
Judges are appointed by the President, acting on the binding advice of the Government (cabinet). The procedure for removing a judge of the Supreme Court or High Court from office is specified in the constitution, but by law the same mechanism applies to judges of the lower courts. A judge may only be removed from office for "stated misbehaviour or incapacity" and if a joint resolution is adopted by both houses of the Oireachtas (parliament). After such a resolution is approved the judge is dismissed by the President. The remuneration of a judge may not be diminished while they remain in office.
[edit] Removal of judges
Judges can only be removed from office 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 President dismisses the judge. No judge, since the foundation of the state, has been removed from office.
In 1999 a report by then Chief Justice Hamilton, on the interventions of two judges in the early release of Philip Sheedy, who had been convicted of causing death by dangerous driving, described their actions as inappropriate and unwise.[1] Following strong political reaction, facing an Oireachtas debate on the report and a request by the executive to resign, the judges - Supreme Court judge, Justice Hugh O'Flaherty, and High Court judge, Justice Cyril Kelly - resigned[2] [3]. In their resignation statements they said they had done nothing wrong, but were resigning "to restore faith in the judicial system".
In 2004 a motion to impeach Circuit Court judge Brian Curtin was launched in the Dáil, the first time such a move was taken. This followed strong public reaction to his acquittal on charges of possession of child pornography due to evidence seized by gardaí being inadmissible and the Judge's refusal of a Government request to resign. The Dáil established a joint committee to consider the evidence and report to the Dáil, a process which was upheld by the Supreme Court following a challenge by the Judge. In November 2006 facing questioning by the committee, Judge Curtin resigned on health grounds, ending the impeachment process.[4]
[edit] References
- ^ "Report says justice was compromised in Sheedy case", RTÉ News, rte.ie, 1999-04-16. Retrieved on 2007-05-13. "Mr Justice Hamilton said that he accepted that Mr Justice O'Flaherty became involved in the case in a spirit of humanitarian interest. But he said his intervention was inappropriate and unwise. The Chief Justice also said that Mr Justice Kelly, then a Circuit Court Judge, should not have reviewed this case."
- ^ "Supreme Court judge resigns over Sheedy controversy", RTÉ News, rte.ie, 1999-04-17. Retrieved on 2007-05-13. "In his resignation statement, the former Justice, Mr. O'Flaherty, said that he did not believe or consider that he had done anything wrong, but he accepted the Chief Justice's conclusion that what he did was open to misinterpretation."
- ^ "Judge Cyril Kelly and Registrar resign over Sheedy affair", RTÉ News, rte.ie, 1999-04-20. Retrieved on 2007-05-13.
- ^ "Curtin resigns on grounds of ill health", RTÉ News, rte.ie, 2006-11-13. Retrieved on 2007-05-13. "An Oireachtas Committee said that in the light of Judge Curtin's resignation, it would not now proceed with its inquiry into alleged misconduct by the Judge following his acquittal on charges of possession of child pornography in 2004."
