72-604: The Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013 is an amendment to the Constitution of Ireland which established a Court of Appeal to sit between the existing High and Supreme Courts for the purpose of taking over most of the appellate jurisdiction of the Supreme Court. The amendment was approved by the electorate in a referendum on 4 October 2013, and then signed into law by President Michael D. Higgins on 1 November 2013. While
144-523: A Presidential Commission as the collective vice-presidency of the state when the President is absent; originally the Council of State was to fill this function. Nevertheless, under Article 14.4 of the constitution the Council of State, acting by a majority of its members, has the authority to "make such provision as to them may seem meet" for the exercise of the duties of the president in any contingency
216-464: A 1976 meeting years later with journalist Stephen Collins . A 2019 legal request under the EU directive on public access to environmental information for records of 1999 and 2002 council meetings was rejected by the Supreme Court in 2022, on the grounds that the President's constitutional immunity from court or Oireachtas scrutiny extended to the Council in its role as advisor to the President. Apart from
288-512: A backlog of several years. In 2006 the then government established a Working Group on a Court of Appeal, chaired by Susan Denham , who was then an ordinary Justice of the Supreme Court and became Chief Justice in 2010. The Working Group's report was published in May 2009. The 2013 bill was published by Alan Shatter , the Minister for Justice and Equality , on 9 July 2013. It was along the lines of
360-566: A novel method of amendment. Its provisions allowed the later amendment to Articles 2 and 3 of the Constitution in 1999. The Nineteenth Amendment did not itself amend those articles, but rather introduced a temporary special mechanism by which the Government could order their amendment once it was satisfied that certain commitments made by other parties to the Good Friday Agreement had been complied with. The sections added to
432-608: A provisional result certificate of the votes, which was published in Iris Oifigiúil on 8 October 2013. As no petition challenging the results was lodged at the High Court by 15 October, the certificate became final. President Michael D. Higgins signed the bill into law on 1 November 2013, after returning from a state visit to Central America. Before the new court could come into being, statutory laws regulating its operation must be passed, and judges recruited. Sean Ryan
504-509: A similar viewpoint and called for a No-vote. While Williams favours removing the one-judgment rule, he criticised the joining of that with the Court of Appeal in a single amendment requiring a single referendum. Seth Barrett Tillman, a lecturer in law at National University of Ireland, Maynooth , considered that, since the Court of Criminal Appeal had been created without a constitutional amendment,
576-601: Is a court of first instance with general original jurisdiction , hearing the most important cases in civil law and criminal law (in the latter case sitting as the Central Criminal Court ). The High Court also acts as an appellate court for cases initially heard before the Circuit Court , a court of limited jurisdiction . The Supreme Court hears appeals from the High Court and the Court of Criminal Appeal and, less often, referrals of bills from
648-598: Is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of their discretionary, reserve powers . It also has authority to provide for the temporary exercise of the duties of the president if these cannot be exercised by either the president or the Presidential Commission (an eventuality that is very unlikely to occur, since it would require
720-473: Is dangerous, since an Article 26 review can only consider raise hypothetical issues for consideration, and if an unconsidered issue arises later in a real-world case, a judicial review declaration of unconstitutionality is no longer available as a remedy. President Higgins alluded to this argument when he signed the Planning and Development Act 2024 without consulting the Council of State: he noted doubts about
792-519: The Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the president of Ireland . Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution. Aside from amendments to the Constitution itself, the Constitution also provides for referendums on ordinary bills ; this is known as an ordinary referendum. This provision has never been used. The procedure for amending
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#1732787177911864-469: The Protection of Life During Pregnancy Bill , a dossier of background information was sent to each member, including legal briefs and news reports. Although the serving Chief Justice is a member of the council, by convention they do not get involved in substantive discussions on the bill, as they will be involved in the deliberations if the bill does get referred. Therefore, retired Chief Justices and
936-560: The Stability Treaty in 2012 . In McGee v. The Attorney General (1974), the Supreme Court found that provisions of Articles 40 and 41 guaranteed a right to marital privacy, and that contraception on prescription could not be prohibited to a married couple. In Griswold v. Connecticut (1965), the United States Supreme Court came to a similar result, before finding for a general right to abortion in
1008-559: The 2014 Act in two stages in September and October 2014. The Court of Appeal came into being on 28 October 2014 and its first nine judges were appointed by the President at 6.30 pm the following day. In September 2016, a paper in The Irish Law Times claimed "the Court of Appeal never had a prayer of solving the problem that was put to the people in this referendum, which was solving the backlog", with 1,814 cases pending at
1080-476: The Constitution Bill 2001 . The Protection of Life During Pregnancy Act 2013 made provisions for the finding of the court in the X Case, allowing abortion where the life of the woman was at risk, including a risk of suicide. The Thirteenth Amendment was passed in 1992, to guarantee a right to travel. This addressed the injunction which the High Court had granted in the X Case to order the return of
1152-516: The Constitution could be passed by the Oireachtas as an ordinary act. An amendment bill before the election of the first President (on 25 June 1938) would have required a referendum. To prevent the Oireachtas abusing this provision, the President had the power to refer such a bill to the people. The First and Second Amendments were adopted in this way; President Douglas Hyde chose to sign each into law without referendum. The three-year limit
1224-523: The Constitution were to Article 34, which defines the court system. The other changes are: The President of the High Court continues to be an ex officio member both of the Council of State and of the Supreme Court (the latter provision is by statute, not under the Constitution). The President of the new court is also a member of both bodies. The existing Court of Criminal Appeal was merged with
1296-467: The Council of State's official meetings, its members are invited to important state functions, such as state funerals , the National Day of Commemoration , and the inauguration of the next President . The first President, Douglas Hyde , dined monthly with the members of his Council of State. The seven new presidential nominees of Mary McAleese's second term were introduced at a luncheon in the Áras
1368-491: The Council of State, are as follows (for a detailed description of the president's reserve powers see: President of Ireland#Discretionary powers ): The draft of the Constitution gave more powers to the Council of State. Article 13 allows additional powers to be given to the President acting on the advice of the Government; originally, it was the advice of the Council of State that was to be required. Article 14 provides for
1440-426: The Court has found some or all of the referred portions to be unconstitutional. It is not revealed whether some or all members of the Council of State counselled for or against the President's course of action. Jim Duffy in 1991 criticised the lack of supporting resources for members of the council; at meetings, they were provided only with a copy of the Constitution. By contrast, prior to the 2013 meeting to discuss
1512-844: The Free State constitution could be amended at will by parliament. By virtue of the 1922 Constitution Act, the constitution could not be amended in a way with conflicted with the Anglo-Irish Treaty of 1921 ratified by both the United Kingdom and the Irish Republic. However the Statute of Westminster removed that restriction in 1931 as far as British (but not Irish) law was concerned. It was amended 24 times between 1925 and 1936. Council of State (Ireland) The Council of State ( Irish : an Chomhairle Stáit )
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#17327871779111584-607: The Oireachtas, for which see the separate list of failed amendments to the Constitution of Ireland . The exception is the 2001 Twenty-second Amendment Bill , listed below to explain the gap in the numbering of subsequent amendments. Color key : A referendum was planned to be held on 7 June 2024 on ratification of the Agreement on the Unified Patent Court . However, in April 2024, the government indicated that it
1656-452: The President cannot veto an amendment. The dates given for the amendments listed in this article are, unless otherwise stated, the dates on which they were signed into law. The shortest gap between the referendum and signing into law was twelve days for the 18th, 19th and 20th amendments. The longest was 899 days for the 31st amendment. No referendum has ever been annulled by the courts. The Nineteenth Amendment , passed in May 1998, introduced
1728-479: The President for consultation under the terms of the Constitution are rare, though less so since the election of Mary Robinson in 1990. Four meetings have related to an address the Oireachtas, which requires the approval of the Government as well as the consultation of the Council of State. All other meetings have been to advise the President about whether to refer a bill to the Supreme Court. Meetings are held in Áras an Uachtaráin . Members arrive 15 minutes before
1800-505: The President of the High Court play a greater role in the discussion. The 2013 meeting was the first at which two serving members of the Supreme Court were present: the term of the Chief Justice was limited to seven years in 1997, and ex-Chief Justice John Murray remained an ordinary member of the Court. An act which has passed an Article 26 review cannot subsequently have its constitutionality impugned. Jurists have argued this
1872-434: The President under Article 26 of the Constitution . While the Supreme Court has the final authority to interpret the Constitution, many cases it hears are not constitutional in nature . In 1971 there were five Justices on the Supreme Court and seven on the High Court; in 2009 the respective figures were eight and 36. The number of cases appealed to the Supreme Court has increased faster than the number of justices, resulting in
1944-554: The President. Former office holders are members if "able and willing to act as a member", which implies an ability to resign; but there is no provision for dismissing them. When the McCracken Tribunal found in 1997 that former Taoiseach Charles Haughey had misled the Tribunal, there were calls for him to formally resign from the Council of State. He did not do so, although he sent his regrets to subsequent meetings of
2016-490: The Supreme Court held that Oireachtas Inquiries did not have the power to compel witnesses to attend and to make findings against them. The Thirtieth Amendment of the Constitution Bill 2011 proposed to allow Oireachtas Inquiries to make findings of fact and to balance the rights of the individual against the public interest; this referendum was defeated by 53% to 47%. In O'Donovan v. the Attorney-General (1961),
2088-568: The Supreme Court held that the Electoral Amendment Act 1959 was unconstitutional and suggested that the ratio of representation to population across constituencies should differ by no more than 5%. The Third Amendment of the Constitution Bill 1968 would have allowed a variation of up to 16.7% across constituencies. It was rejected in a referendum by 61% to 39%. In Re Article 26 and the Electoral (Amendment) Bill 1983 (1984),
2160-718: The Supreme Court held that the proposed bill to extend voting rights in Dáil elections to British citizens was unconstitutional. The Ninth Amendment was passed in June 1984, which allowed the franchise to be extended beyond Irish citizens. The Third Amendment , passed in 1972, allowed Ireland to accede to the European Communities . In 1986, the government signed the Single European Act (SEA). However, Raymond Crotty sought an injunction against ratification by
2232-407: The amendment provided for the new court to hear most appeals, it also provided for exceptions that could go directly to the Supreme Court. The Thirty-third Amendment makes appeals from the Court of Appeal to the Supreme Court subject to obtaining the Supreme Court's leave . Such leave would only be granted in cases of general public importance or in the interests of justice. The intent of the amendment
Thirty-third Amendment of the Constitution of Ireland - Misplaced Pages Continue
2304-549: The amendment" and that awareness of the issues was hampered by the prohibition of publicly funded advocacy campaigning; it recommended a Yes-vote. Ruadhan Mac Cormaic, legal affairs correspondent for the Times , reported that many lawyers were privately sceptical that the court would reduce the backlog, and that if its cases were perceived tediously technical it might struggle to recruit high-quality judges. An opinion poll on 10–17 September 2013 asked how well voters felt they understood
2376-530: The body for barristers , also called for a Yes-vote. The Irish Farmers' Association advised farmers to support the bill to reduce delays in litigation. Michael Williams wrote in The Irish Times that the Court of Appeal was no substitute for a more fundamental reform of the Irish judicial system, which he said was unlikely as it would challenge the vested interests of lawyers. Mattie McGrath expressed
2448-486: The constitution does not foresee. This provision has never been invoked. The Third Amendment of the Constitution Bill, 1958 , which was defeated at a referendum, gave a role to the Council of State in the work of an envisaged constituency boundary commission. Close to the time of its inception, the Council of State was likened to a privy council , although Jim Duffy calls this "more apparent than real" as it has no legislative or judicial functions. Gemma Hussey , who
2520-567: The constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution initiated in Dáil Éireann , the house of representatives of the Oireachtas . It must then be passed or deemed to have been passed by both Houses of the Oireachtas. The Third Amendment of the Constitution Bill 1958 , a proposal to alter the voting system, did not pass the Seanad but
2592-473: The constitution put to a referendum must not contain any other proposal. While British citizens resident in the state may vote in a general election, only Irish citizens can participate in a referendum. Once the referendum count has concluded the referendum returning officer signs a provisional referendum certificate, and publishes a copy in Iris Oifigiúil . Anyone wishing to challenge the results of
2664-426: The council until his death. Members of the Council of State may be excused from jury duty . The Constitution specifies a declaration of office , "in the presence of Almighty God", which a new member must take before attending an official meeting. Tánaiste Éamon Gilmore , a declared agnostic , sought legal advice before attending the 2013 Council meeting. The 1996 Constitutional Review Group recommended making
2736-451: The council. The Council does not offer collective advice; the President asks each member in turn to comment, and further discussion may involve several members. No vote or show of hands is taken. The council's deliberations are held in camera , as for cabinet meetings, though there is no explicit requirement for confidentiality. The Irish Times obtained details of a 1984 meeting from an unnamed attendee, while James Dooge discussed
2808-410: The end of 2015 compared to 2,001 cases at the start. A spokesperson for the court said it would process cases faster when it "finds its rhythm". Amendments to the Constitution of Ireland Amendments to the Constitution of Ireland are only possible by way of referendum . A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann , be passed by both Houses of
2880-521: The first trimester in Roe v. Wade (1973). The Eighth Amendment in 1983 gave constitutional protection to the life of the unborn, and therefore prohibiting abortion. This had been partly to guard against the Supreme Court finding the same right that their American counterparts had. In March 1992, the Supreme Court ruled in Attorney General v X , commonly known as the X Case , that a teenage girl
2952-441: The girl to the country. Though the injunction was lifted by the Supreme Court, a majority of the Court had found that were it not for the risk to life of the defendant, an injunction would have been maintained. The Fourteenth Amendment was passed on the same day in 1992, to guarantee that the ban on abortion would not limit freedom to obtain or make available information relating to services lawfully available in another state. This
Thirty-third Amendment of the Constitution of Ireland - Misplaced Pages Continue
3024-549: The issue at all for fear of violating its obligation of neutrality. Elizabeth Dunne, the High Court judge who chaired the Referendum Commission, expressed concern about the lack of public debate on the Court of Appeal proposal. In a speech on 27 September, Chief Justice Susan Denham described the current backlog of court cases as "unsustainable" and the referendum as "an invitation for citizens to enable
3096-517: The issue. Of respondents, 6% said "very well", 9% "quite well", 30% "to some extent", 21% "not particularly well" and 33% "not at all". Dublin City Council apologised after using an out-of-date electoral register file to generate polling information cards; this resulted in 35,000 voters and deceased people receiving incorrect information about where to vote. Cards were regenerated using the correct data. The referendum returning officer issued
3168-503: The likelihood of the commission of further offences while on bail. This decision was overturned by the Sixteenth Amendment in 1996 which inserted Article 40.4.7°, allowing for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. The Amendment was passed by 75% to 25%. In Maguire v. Ardagh (2002),
3240-598: The meeting starts, and are served light refreshments in the Council of State Room. At the first meeting of the Council in Mary McAleese 's first term, there was a photocall in the State Reception Rooms. Members are seated in order of precedence in the Presidents' Room around a 1927 dining table purchased by President de Valera in 1961. The Secretary-General to the President serves as clerk to
3312-456: The month after their appointment. Campaigning in the 1990 presidential election , Mary Robinson promised to have meetings of the Council regularly rather than on "an emergency basis". In some cases, the President has decided to sign the bill (thereby enacting it) without referring it to the Supreme Court; in other cases, the President has referred the bill (or sections of it ) and the court has upheld its constitutionality, and in other cases
3384-435: The new Court of Appeal. The government plans to reduce the number of Supreme Court judges from ten to five as sitting justices retire. The bill was supported by all parties in the Dáil and in the Seanad , including the four largest parties, Fine Gael , Labour , Fianna Fáil , and Sinn Féin , all of which ran low-key campaigns. On 1 October 2013 all four issued a joint statement urging a Yes-vote. A Referendum Commission
3456-399: The next general election. The Thirty-third Amendment that established the Court of Appeal had amendments which became part of the text only on the later establishment of the Court, and transitory provisions which would not appear in later printed official versions. As a transitional measure, for the first three years after the election of the first President of Ireland a bill to amend
3528-407: The president's other duties, which must be conducted in accordance with the advice of the cabinet , the seven presidential appointees to the Council of State are chosen at the president's absolute discretion. These appointees retain their positions until the president's successor takes office. The Constitution explicitly states that members appointed by the President may resign, or be dismissed by
3600-488: The recommendations of the 2009 Working Group's report. The bill made one change not related to the new Court of Appeal: removing the "one-judgment rule" which provided that only one opinion could be given by the Supreme Court on constitutional cases. The deletion allowed divergent views, such as in concurring and dissenting opinions , to be published. This change only applies to reviews under Article 34, not review of bills under Article 26 . The substantive changes to
3672-442: The referendum and promote public awareness of the referendum and encourage the public to vote. From 1998 to 2023, these functions were previously carried out by a Referendum Commission established for each referendum. A simple majority of votes cast is sufficient to carry an amendment, with no minimum turnout required for a constitutional referendum to be considered valid. The vote is conducted by secret ballot. A proposal to amend
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#17327871779113744-439: The referendum then has seven days to apply to the High Court for leave to present a referendum petition. If no one makes such an application, if leave is not granted, or if a petition is dismissed, the referendum certificate becomes final. When the referendum passed and the final certificate has issued, the amendment must be signed into law by the President "forthwith". Provided that the correct procedure has been complied with,
3816-435: The religious part optional. Before exercising any reserve power but one, the President is required to seek the advice of the Council of State, although not required to follow its advice. The one exception, where the President has "absolute discretion", is in deciding to refuse a dissolution to a Taoiseach who has lost the confidence of the Dáil. The remaining discretionary powers, which do require prior consultation with
3888-804: The same basis, further referendums on European Treaties were held on the Maastricht Treaty ( in 1992 ), on the Amsterdam Treaty ( in 1998 ), on the Nice Treaty ( in 2001 and in 2002 ), and on the Lisbon Treaty ( in 2008 and in 2009 ). Referendums were also held to the allow the State to be bound by the Good Friday Agreement in 1998 , and to ratify the International Criminal Court in 2001 and
3960-463: The same ought to be possible for a Civil Court of Appeal. Lawyer Paul Anthony McDermott suggested the delays in hearing cases were caused by too many litigants rather than too few judges or courts. Diarmuid Rossa Phelan, a prominent Irish barrister and law professor at the School of Law at Trinity College Dublin , suggested that giving the Supreme Court absolute discretion to select which cases to hear
4032-477: The simultaneous absence of the President and two members of the three-member Commission). The Council of State consists of a number of government officials, who sit ex officio , as well as certain former office holders and up to seven individuals of the president's own choosing. The ex officio members comprise the attorney general as well as individuals from each of three branches of government: legislature , executive and judiciary . Unlike most of
4104-575: The state. The Eighth Amendment was repealed in 2018 with the passage of the Thirty-sixth Amendment , thus allowing abortion to be legalised again. Before the adoption of the Constitution of Ireland, Ireland had two previous Constitutions: the Dáil Constitution of the short-lived 1919–1922 Irish Republic , and the constitution of the 1922–1937 Irish Free State . The Dáil Constitution was enacted by Dáil Éireann (which
4176-655: The state. In Crotty v. An Taoiseach (1987), the Supreme Court held that the further transfer of powers from the state to the European institutions within the SEA was not "necessitated by the obligations of membership of the Communities" as provided for by the Third Amendment. Consequently, the Constitution required further amendment, before the SEA could be ratified. This was done in a referendum later in 1987 . On
4248-415: The superior courts to work better"; she did not explicitly advocate a yes vote, because separation of powers required judges to be impartial. Michael Williams, a solicitor opposed to the referendum, felt the speech "stepped across the line" into politics. The Law Society of Ireland , the professional body for solicitors , recommended that its members advise clients to vote yes. The Bar Council of Ireland ,
4320-561: The text of the Constitution which provided for this later amendment to Articles no longer appear in the published official text of the Constitution, in line with their own provisions. A similar method would have been used with the Twenty-fifth Amendment of the Constitution Bill 2001 to restrict abortion, which was rejected. The proposed Thirty-second Amendment of the Constitution Bill 2013 to abolish Seanad Éireann involved later amendments which would have taken effect after
4392-421: Was entrenched to prevent it being extended without referendum. Since 25 June 1941, the third anniversary of President Hyde's election, every amendment has had to be put to a referendum after its passage through the Oireachtas. The following table lists all amendments to the Constitution, and all past referendums relating to the Constitution. In general it does not list proposed amendments which were not passed by
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#17327871779114464-558: Was a member of the Council of State in 1989–90, described it as "largely a symbolic body". Actress Siobhán McKenna , appointed to the council by Patrick Hillery , suggested in the 1980s that the Council approach Ronald Reagan regarding the Troubles in Northern Ireland; Hillery's secretary remarked there was "no point in trying to explain" to McKenna that the council had no role in such matters. Working meetings called by
4536-523: Was announced as the President-designate of the new Court on 25 February 2014. The Court of Appeal Act 2014 was introduced as a government bill on 2 July 2014, passed by the Dáil on 15 July and the Seanad on 16 July, and signed by the President on 20 July. On 23 July the government named six High Court judges who would be transferred to the new Court under Ryan. Statutory instruments commenced
4608-534: Was at that time a single chamber assembly). The Constitution of the Irish Free State was adopted in October 1922 and came in force on 6 December 1922. It originally provided for a process of amendment by means of a referendum. However the constitution could initially be amended by the Oireachtas for eight years. The Oireachtas chose to extend that period, meaning that for the duration of its existence,
4680-455: Was considering postponing the referendum. The following bills have been on the order paper for consideration in the Oireachtas. In People (AG) v. O'Callaghan (1966), the Supreme Court held that the right to liberty would permit the denial of bail in limited circumstances only, where there was sufficient evidence before the Court that the accused was likely to interfere with the course of justice; specifically, that bail could not be because of
4752-453: Was dangerous and would need to be monitored for mission creep . The Master of the High Court, Edmund Honohan , described the proposal as a "crude device" that would lead to an increase in litigation and in interlocutory appeals , and claimed the Supreme Court's backlog could be cleared by addressing "case management, time management, paper management, submissions and so forth". The Irish Times noted that "few voices" were "raised against
4824-466: Was deemed to have passed the Seanad 90 days after it was sent by the Dáil. After passage through the Houses of the Oireachtas, the Minister for Housing, Local Government and Heritage must set a date for the referendum not less than thirty days and not more than ninety days after the date of the order. The Electoral Commission has functions to give a general explanation of the subject matter and text of
4896-489: Was entitled to an abortion as there was a risk to her life from suicide. Opponents of abortion feared that this ruling could only be enforced in a way that would lead to an expansive abortion regime of the kind found in many other countries. There were two failed amendments that would have excluded suicide as grounds for abortion, the Twelfth Amendment of the Constitution Bill 1992 and the Twenty-fifth Amendment of
4968-409: Was established, as required by law, to oversee the referendum to be held on 4 October 2013. The referendum commission's dedicated website was launched on 5 September 2013. Alan Shatter expressed concern that the referendum would be overshadowed by the simultaneous referendum proposing abolition of the Seanad. Shatter also criticised RTÉ 's coverage of the referendum, suggesting it avoided discussing
5040-407: Was held on 4 October 2013, at which 65.1% voted in favour, on a turnout of 39.15%. The Court of Appeal was created in October 2014 under statutes mandated by the amended Constitution. The Constitution provided for the establishment of two courts: the Supreme Court and the High Court. Other courts may be established by statute but may not question the constitutionality of legislation. The High Court
5112-722: Was in response to two cases: Attorney General (Society for the Protection of Unborn Children (Ireland) Ltd.) v Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd. (1988), which granted an injunction restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of the methods of communications with such clinics, and Society for the Protection of Unborn Children (Ireland) Ltd. v Grogan (1989), which placed an injunction restraining three students' unions from distributing information in relation to abortion available outside
5184-442: Was to reduce the work load of the Supreme Court, allowing it to concentrate on a smaller number of more important cases. Before the adoption of the amendment, the Supreme Court had mandatory jurisdiction —civil cases decided by the High Court were directly appealable to the Supreme Court, which had no choice over which appeals it heard. The bill was passed through both houses of the Oireachtas on 24 July 2013. A referendum
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