37-686: Brian Moore McCracken (born 13 July 1934) is a retired Irish judge who served as a Judge of the Supreme Court from 2002 to 2006 and a Judge of the High Court from 1995 to 2002. He is an officer of Trinity College Dublin – Visitor of the College . McCracken was born in Cork in 1934. He was educated at The High School, Dublin , and later at Trinity College Dublin and the King's Inns . He became
74-480: A barrister in 1957 and a senior counsel in 1975. McCracken was appointed a High Court judge in 1995 and was elevated to Ireland's Supreme Court in 2002. His in-depth expertise in the field of intellectual property law was widely recognised but he also had expertise in both chancery and commercial law. Judge McCracken was appointed as the sole member of the McCracken Tribunal which was set up by
111-460: A declaration of office in the presence of the president. In the event of illness or vacancy of the post, the role of chief justice is exercised by the president of the Court of Appeal. The term of chief justice lasts for seven years, or until reaching the mandatory retirement age of seventy. While still serving as judges, former chief justices rank fourth in the judicial order of precedence, after
148-537: A result of the findings and revelation of substantial funds in secret Ansbacher accounts, owned by Haughey, the new Ahern Government established a more extensive follow-up, the Moriarty Tribunal to investigate the financial affairs of the two politicians. Charles Haughey faced criminal charges for obstructing the work of the McCracken tribunal. His trial on these charges was postponed indefinitely after
185-649: A slow start in its first two decades of the Constitution, the Supreme Court has expounded a significant constitutional jurisprudence. This slow start was partly because, prior to 1922, the whole of Ireland was a part of the United Kingdom , and Supreme Court judges had been trained in British jurisprudence, which stresses the sovereignty of parliament and deference to the legislature . It was also
222-514: Is filled following the nomination by the cabinet of the Irish government and appointed by the president of Ireland . There is no legislation governing the appointment of the position. Traditionally an informal process took place where the taoiseach , tánaiste , attorney general of Ireland , and minister for justice would privately consult to bring a proposed appointee to cabinet. For the appointment of Frank Clarke , an ad hoc committee composed of
259-474: Is involved in authenticating updated enrolments of the Constitution of Ireland. The chief justice and the taoiseach sign the text in preparation for the president's signature. Enrolments have taken place in 1938, 1942, 1980, 1990, 1999 and 2018. Although not outlined in the Constitution, the chief justice has a longstanding role in presidential inaugurations in Dublin Castle . The chief justice reads
296-514: Is personally exercised by the President after consulting the Council of State . When the Supreme Court upholds the constitutionality of a bill referred to it under Article 26, its constitutionality can never again be questioned in any court whatsoever. Supreme Court judges are normally free to deliver their own judgements, whether dissenting and concurring. There is an exception when considering
333-523: Is the president of the Supreme Court of Ireland . The chief justice is the highest judicial office and most senior judge in Ireland . The role includes constitutional and administrative duties, in addition to taking part in ordinary judicial proceedings. The current chief justice is Donal O'Donnell . The chief justice of the Supreme Court was created under the Courts of Justice Act 1924 . Before 1922
370-718: Is the highest judicial authority in Ireland . It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court , judicial review over Acts of the Oireachtas (Irish parliament). The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin . The Supreme Court
407-603: The Bruton Government in February 1997 to investigate reports of secret payments by Ben Dunne Jnr. to former Taoiseach Charles Haughey and former cabinet Minister Michael Lowry and others. The Tribunal heard evidence in July 1997 and produced a 100-page report the following month. This report found that Haughey had given untrue evidence under oath and that Lowry was knowingly assisted by Dunne in evading tax. As
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#1732793681996444-566: The Court of Appeal and the High Court . The chief justice may issue practice directions for the operations of the courts. The chief justice is central to the operation of the judiciary and the courts in Ireland. The chief justice chairs Board of the Courts Service . Frank Clarke identified reforming priorities upon his appointment to the role. The chief justice additionally chairs key positions for judicial administration including
481-651: The European Court of Human Rights (ECtHR). In matters relating to the correct interpretation of European Union law , decisions of the ECJ take precedence over those of the Irish Supreme Court. The relationship between the Irish courts and the ECtHR is more complicated. The European Convention on Human Rights is a treaty binding on the state in international law. However, as a matter of Irish domestic law,
518-554: The lord chancellor of Ireland was the highest judicial office in Ireland. Between 1922 and 1924, the lord chief Justice of Ireland was the most senior judge in the Irish Free State. The Supreme Court sits in the Four Courts . When the Supreme Court sits, as it mostly does, in two chambers, the second chamber sits in the Hugh Kennedy Court, named after the first chief justice. The position of chief justice
555-469: The Constitution. Furthermore, convention provisions cannot be relied upon as separate causes of action. Supreme Court decisions cannot be appealed, as such, to either court. The ECJ hears cases referred to it by the Irish Courts by way of preliminary ruling and while unsuccessful litigants before the Supreme Court can apply to the ECtHR, the latter court's decision does not have the effect of voiding
592-536: The Convention is enshrined only in statute and does not have the status of constitutional law. Under the terms of the European Convention on Human Rights Act , passed by the Oireachtas in 2003, ordinary statutes must, when possible, be interpreted in line with the Convention. However, in Irish courts, the Convention must give way both to clear legislative intent and to any countermanding requirement of
629-540: The Council of State. Under the Constitution of Ireland , the chief justice occupies ex officio positions. The chief justice is one of three members of the Presidential Commission which acts jointly to perform the duties of the president of Ireland in the event of temporary absence, incapacity or death. The president of the Court of Appeal acts for the chief justice if the position is vacant or
666-660: The Courts-Martial Appeal Court) or excluded altogether, with the exception of appeals concerning the consistency of a law with the constitution. The Supreme Court also hears points of law referred to it from the Circuit Court. The Supreme Court has original jurisdiction in only two circumstances: when a Bill is referred to it by the President under Article 26 of the Constitution for an opinion on its constitutionality before promulgation , or when
703-543: The High Court, the Court of Criminal Appeal and the Courts-Martial Appeal Court, where cases have not been transferred from the Supreme Court to the Court of Appeal. The Supreme Court also has jurisdiction to hear leapfrog appeals directly from the High Court in exceptional circumstances. The Court's power to hear appeals can be severely restricted (as it is from the Court of Criminal Appeal and
740-833: The Inner Bar. They nominate the chairperson of the Referendum Commission under s. 2(5) of the Referendum Act 1998 and appoints a judge to chair the Constituency Commission . Following a request from the Minister for Justice , the chief justice nominates a serving judge to hold an inquiry into a designated member of the Garda Síochána Ombudsman Commission . The chief justice is an ex officio member of
777-518: The Supreme Court's appellate jurisdiction is entirely by leave; the Supreme Court can refuse to hear any appeal (similar to the certiorari process in the Supreme Court of the United States ). The Supreme Court exercises, in conjunction with the High Court, the power to strike down laws which are inconsistent with the constitution. The courts also grant injunctions against public bodies, private bodies and citizens to ensure compliance with
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#1732793681996814-406: The Supreme Court's decision. As a matter of Irish domestic law, a decision of the ECtHR does not override acts of the Oireachtas, but instead, it must be brought to the attention of the Oireachtas, which may decide upon legislation or perhaps even a constitutional referendum to implement it. Chief Justice of Ireland The chief justice of Ireland ( Irish : Príomh-Bhreitheamh na hÉireann )
851-529: The binding advice of the Government (cabinet), who, since 1995, act in turn on the non-binding advice of a judicial advisory board. Under the Courts and Court Officers Act 1995, the retirement age of ordinary judges of the Supreme Court was reduced from 72 years to 70 years. Judges appointed prior to the coming into operation of that Act continued in office until aged 72. The Courts (No. 2) Act 1997 limited
888-530: The case that under the 1922 Constitution there was a right of appeal to the Judicial Committee of the Privy Council which was exercised on a number of occasions. Nonetheless, from the 1960s onwards, the court has made a number of significant decisions. It has, for example: Today the Supreme Court shares its authority with two supra-national courts: the European Court of Justice (ECJ) and
925-499: The constitution. The Irish constitution explicitly provides for the judicial review of legislation. Acts passed after the coming into force of the constitution, are invalid if "repugnant" to the constitution, while laws in force prior to the coming into force of the constitution are invalid if "inconsistent" with the constitution. The constitution also provides, under Article 26, for the judicial review of bills before they are (or would have been) signed into law. The power to refer bills
962-431: The constitutionality of a bill referred by the President under Article 26 of the Constitution , for which only a single judgment can be delivered. Formerly, the single-judgment rule also applied when considering the constitutionality of an Act of the Oireachtas passed under the 1937 Constitution; this was removed by the 33rd Amendment in 2013. Acts passed prior to 1937 have always permitted multiple judgments. After
999-476: The court must determine under Article 12 of the Constitution whether the President has become incapacitated. The Supreme Court originally had little discretion to determine which cases it hears as requirements to seek the leave of either the trial court or the Supreme Court itself before an appeal could be brought were rare. After the Thirty-third Amendment created the Court of Appeal, however,
1036-461: The declaration of office to the president-elect which is repeated back by the president-elect before putting their signature to the declaration. The chief justice is designated multiple roles under legislation. They are responsible for appointing notaries public and commissioners of oaths and exercise jurisdiction over the discipline of solicitors, and for calling barristers to the Outer Bar and
1073-432: The holder unable to act. The chief justice is a member of the Council of State . Former officeholders continue to be members of the Council of State so long as they are "able and willing to act". The declarations of office made by all Irish judges take place in the presence of the chief justice. If the chief justice is unavailable, the role is deputised by the most senior available Supreme Court judge. The chief justice
1110-416: The incumbent chief justice and the presidents of the Court of Appeal and the High Court. John L. Murray continued to serve as a judge of the Supreme Court after his seven-year term had concluded. The chief justice is the president of the Supreme Court. The chief justice often presides in cases involving the constitutionality of legislation and references made by the president following consultation with
1147-432: The judge in the case found that he would not be able to get a fair trial following prejudicial comments by Tánaiste Mary Harney . Compared to the succeeding, and other tribunals, the McCracken Tribunal was praised for its efficiency in concluding within months. He retired from the Supreme Court on 12 July 2006. Supreme Court of Ireland The Supreme Court of Ireland ( Irish : Cúirt Uachtarach na hÉireann )
Brian McCracken - Misplaced Pages Continue
1184-487: The president of the Court of Appeal, the attorney general and the chairperson of the Top Level Appointments Committee was formed to make a recommendation to the government. The committee opened applications and received 500-word statements from candidates outlining their suitability for the role. A shortlist of three judges was proposed. On appointment, the chief justice is required to make
1221-417: The same time. When determining whether the President is permanently incapacitated within the meaning of Article 12 of the constitution, ruling on the constitutionality of a bill referred to it by the President under Article 26, or ruling on the constitutionality of any law the court must consist of at least five members. Judges of the Supreme Court are appointed by the President of Ireland in accordance with
1258-458: The term of office of a person appointed to the post of Chief Justice after the coming into operation of the Act to a period of seven years. A former Chief Justice may continue as a member of the Court until reaching the statutory retirement age. The Supreme Court hears appeals from the Court of Appeal, and as part of the transitional arrangements following the establishment of the Court of Appeal, from
1295-401: The terms of the 1922 Constitution of the Irish Free State . Prior to 1924, a transitory provision of the 1922 Constitution permitted the Supreme Court of Judicature to continue, the latter established in 1877 in the United Kingdom of Great Britain and Ireland . Whereas the 1924 act was a comprehensive revision of the court's foundation preserving little of the 1877 arrangement, the 1961 act
1332-542: Was a brief formal restatement in terms of the 1937 Constitution. The Supreme Court consists of its president called the Chief Justice , and not more than nine ordinary members. There are two ex officio members: the President of the Court of Appeal who normally sits in the Court of Appeal, and the President of the High Court who normally sits in the High Court. The Supreme Court sits in divisions of three, five or seven judges. Two or more divisions may sit at
1369-412: Was formally established on 29 September 1961 under the terms of the 1937 Constitution of Ireland . Prior to 1961, a transitory provision of the 1937 Constitution permitted the Supreme Court of the Irish Free State to continue, though the justices were required to take the new oath of office prescribed by the 1937 Constitution. The latter court was established by the Courts of Justice Act 1924 under
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