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39-465: In McKenna v. An Taoiseach (No. 2) (1995), the Supreme Court of Ireland upheld a challenge from Patricia McKenna to public expenditure to promote a Yes vote in the constitutional referendum on divorce . The Referendum Act 1998 provided for the establishment of a commission for each referendum to provide information about the contents of amendment. The first Referendum Commission was set up for

78-533: A week of fighting in Dublin . In the process of the bombardment, the historic building was destroyed. The west wing of the building was obliterated in a huge explosion, destroying the Irish Public Record Office at the rear of the building. Nearly a thousand years of archives were destroyed by this explosion, the ensuing fire, and the water poured onto the fire. The IRA was accused of mining

117-585: 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 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

156-732: 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 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

195-531: A modern two-storey extension to the roof of the old Public Records Office in the late 1960s. They also built River House on Chancery Street, which served as Dublin's only motor tax office for a number of years. Prior to 2010, both civil and criminal trials were heard in the Four Courts, which was also the location of the Court of Criminal Appeal. When the Criminal Courts of Justice building, near

234-516: A rebuilt and remodelled Four Courts was opened. However, much of the decorative interior of the original building had been lost and, in the absence of documentary archives (some of which had been in the Public Records Office and others of which were among the vast amount of legal records lost also), and also because the new state did not have the funds, the highly decorative interior was not replaced. The Office of Public Works added

273-525: 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

312-523: Is an exception when considering 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

351-659: Is the principal seat of the Supreme Court , the Court of Appeal , the High Court and the Dublin Circuit Court . Until 2010 the building also housed the Central Criminal Court; this is now located in the Criminal Courts of Justice building. The building originally housed four superior courts, of Chancery , King's Bench , Exchequer and Common Pleas , giving the building its name. Under

390-421: Is today St Michael's Hill which was in use from around 1608 to the opening of the present building around 1796. The Four Courts Marshalsea was also located close by at that time between Winetavern Street and Fishamble Street . Even after reconstruction by William Robinson in 1695, there were constant complaints about the building's condition and location. Work, based on the design of Thomas Cooley for

429-832: The Amsterdam Treaty referendum . The 1998 Act, as amended, provided that the Chairperson of the commission should be a former judge of the Supreme Court or Court of Appeal or a serving or former judge of the High Court nominated by the Chief Justice . The other members of the commission were the Comptroller and Auditor General , the Ombudsman , the Clerk of Dáil Éireann and the Clerk of Seanad Éireann . In

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468-597: The Chief Justice , replacing the Court of Appeal and a reconstituted High Court of Justice , presided over by the President of the High Court, continuing the jurisdiction of the old High Court. The Constitution of Ireland in 1937 provided that courts would be established in a manner provided by the Constitution; this did not in fact occur until the implementation of the Courts (Establishment and Constitution) Act 1961. The Supreme Court and High Court (now dropping "of Justice" from their title) established under this act continued

507-703: 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,

546-523: The Public Records Office of Ireland , began in 1776. After Cooley died in 1784, renowned architect James Gandon was appointed to finish the buildings. It was built between 1786 and 1796, while the finishing touches to the arcades and wings were completed in 1802, The lands were previously used by the King's Inns . and before that a 13th-century Dominican Friary St. Saviour's was located on

585-612: The Supreme Court of Judicature Act (Ireland) 1877 , these four courts were replaced by two - the Court of Appeal , presided over by the Lord Chancellor , and the High Court of Justice , headed by the Lord Chief Justice - but the building has retained its historic name. Under the Courts of Justice Act 1924 , courts were established for the new Irish Free State with the Supreme Court of Justice , presided over by

624-486: 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 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,

663-469: 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

702-536: 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

741-501: 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 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

780-608: 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 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

819-595: 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 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

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858-404: 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 the same time. When determining whether the President is permanently incapacitated within the meaning of Article 12 of the constitution, ruling on

897-467: The Referendum Act 1998 the commission initially had the role of setting out the arguments for and against referendum proposals, having regard to submissions received from the public. Following the passing of the Referendum Act 2001 the commission no longer had a statutory function in relation to putting the arguments for and against referendum proposals. The 2001 Act also removed from the commission

936-548: The Supreme Court itself before an appeal could be brought were rare. After the Thirty-third Amendment created the Court of Appeal, however, 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,

975-472: 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. Four Courts The Four Courts ( Irish : Na Ceithre Cúirteanna ) is Ireland's most prominent courts building, located on Inns Quay in Dublin . The Four Courts

1014-530: 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

1053-682: 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 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

1092-474: 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 the binding advice of the Government (cabinet), who, since 1995, act in turn on the non-binding advice of a judicial advisory board. Under

1131-682: The event any of those offices were vacant, the 1998 Act provided that the following be appointed respectively instead: Secretary and Director of Audit of the Office of the Comptroller and Auditor General, Director of the Office of the Ombudsman, Clerk Assistant of Dáil Éireann, Clerk Assistant of Seanad Éireann. The members of the last Referendum Commission, established for the Thirty-eighth Amendment held in 2019, were: Under

1170-544: The headquarters of the 1st Battalion. On 14 April 1922, the courts complex was occupied by IRA forces opposed to the Anglo-Irish Treaty , with Rory O'Connor acting as their spokesman. On 28 June the new National Army attacked the building to dislodge the "rebels", on the orders of the Minister for Defence Richard Mulcahy , authorised by President of Dáil Éireann Arthur Griffith . This attack provoked

1209-428: The jurisdiction of the courts established under the 1924 Act. A new Court of Appeal was established in 2014, following a referendum in 2013 , largely taking over the appellate jurisdiction of the Supreme Court and the old Court of Criminal Appeal . Its civil division sits in the Four Courts. Prior to the construction of the modern Four Courts, a previous complex existed close to Christ Church Cathedral on what

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1248-440: 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 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:

1287-428: 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 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

1326-571: The records office; however, those present, who included future Taoiseach Seán Lemass , said that, while they had used the archive as a store of their ammunition, they had not deliberately mined it. They suggest that the explosion was caused by the accidental detonation of their ammunition store during the fighting. For a decade after the destruction of the Civil War, the courts sat in the old viceregal apartments in Dublin Castle . In 1932,

1365-559: The referendum and to encourage the electorate to vote. It could use television, radio, press, outdoor and cinema advertising and any other media over the weeks in advance of the referendum to give general information about the issues involved. It could help citizens find out some basic information about how to register to vote. The commission's information booklets were also produced in braille and audiotape for persons with visual impairments. A publication in Irish Sign Language

1404-471: The same act was given the equivalent functions as Referendum Commission. The Commission was established in 2023. Supreme Court of Ireland The Supreme Court of Ireland ( Irish : Cúirt Uachtarach na hÉireann ) 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

1443-533: The site, confiscated following the dissolution of the monasteries by Henry VIII. The Four Courts and surrounding areas were held by Commandant Edward Daly 's 1st Battalion during the Easter Rising in 1916. Some of the most intense fighting of Easter Week took place in the Church Street, North King Street and North Brunswick Street area. At the end of the week, the Four Courts building itself became

1482-424: The statutory function of fostering and promoting debate or discussion on referendum proposals. A new referendum commission was set up in advance for each new referendum that took place, if the Minister for Housing, Planning and Local Government made a ministerial order to appoint a commission. The primary role of the commission was to explain the subject matter of referendum proposals, to promote public awareness of

1521-464: Was also produced. A dedicated website was created for the referendum. Once the commission completed its functions it furnished a report to the Minister, within six months. The report detailed the carrying out of its functions, and the commission then dissolved one month after its submission. The Electoral Reform Act 2022 repealed the Referendum Act 1998. The Electoral Commission established under

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