2023 Act The principal purpose of the Judicial Appointments Commission Act 2023 is to reform the arrangements leading to appointments of persons to judicial office. The Act provides for the establishment of the Judicial Appointments Commission with the functions of selecting and recommending persons for appointment, or nomination for appointment or election, to judicial office in the State or outside the State. The Commission shall […]
Balancing Interests There is an inherent tension between the freedom of public expression and comment and the need for courts to protect their authority and integrity, in the context of contempt of court proceedings. The European Convention on Human Rights protects freedom of expression. However, it also recognises that the courts have a legitimate interest in protecting the administration of justice. However, the Convention does […]
Overview Contempt of court is the unlawful interference with the administration of justice by the courts. Courts have an inherent power to assert their authority and to protect the integrity of the judicial process. They may take summary (direct) steps by way of immediate sanctions against persons who frustrate, impede or interfere with the process of justice. Criminal contempt consists of behaviour calculated to prejudice the […]
2014 Changes The Supreme Court formerly heard all appeals from the High Court, as the sole appeal court designated by the Constitution. A backlog of up to four years had developed in Supreme Court appeals, due to the significant increase in the number of appeals from the High Court. This followed the fourfold increase in the number of High Court judges (from 9 in 1977) […]
Civil Contempt Civil contempt refers to the wilful disobedience of a court order in civil proceedings between private parties. The parties need not enforce the order. The State does not do so and has no interest in so doing, unless the parties so choose. Civil contempt arises where a person wilfully fails to comply with a court order which is binding on him. Similarly, conduct […]
Criminal Contempt Criminal contempt consists of words or actions which obstruct or tend to obstruct the administration of justice. Civil contempt is disobedience to judgments, orders and court processes, which causes private loss or injury. A party in contempt may be restricted from being heard or from taking the steps in proceedings until he has purged his contempt. The superior courts have inherent jurisdiction to […]
Background The jury is an ancient legal institution. Historically, juries were used in a variety of contexts. Juries once performed a range of functions in the administrative and judicial sphere. At common law, there was a broad distinction between a jury summons to inquire and make a presentment and juries of issue and assessment. The latter type of jury is that most commonly encountered in […]
Maintenance and champerty Maintenance is the of giving assistance to or encouraging of another in taking legal action by a person who does not have an interest in the action or other motive sufficient to justify his involvement. At common law, barratry was committed by a person who moved, encouraged and maintained suits or quarrels. Barratry was an indictable offence at common law, which has […]
Judicial Council The Judicial Council Act 2019 in general terms, applies to judicial misconduct alleged to have occurred after its commencement. There a Judicial Conduct Committee which is independent in the performance of its function to promote and maintain high standards of judicial conduct. The Committee has a central role in considering complaints against judges and referring them either for resolution by informal means, or […]
Purpose of the Act The purpose of the Judicial Council Act is to establish a Judicial Council which is independent in the performance of its functions and promotes and maintain excellence and high standards of conduct by judges. It will also provide a means of investigating allegations of judicial misconduct and, in this context, a Judicial Conduct Committee, which will have lay representation, will be […]
Conduct of appeals and applications All appeals and other matters before the Court of Appeal shall be prepared for hearing or determination and heard and determined in a manner which is just, expeditious and likely to minimise the costs of the proceedings. The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate […]
Conduct of Appeals and Applications All applications, appeals and other matters before the Supreme Court shall be prepared for hearing or determination in a manner which is just, expeditious and likely to minimise the costs of the proceedings. The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate or as are directed […]
Establishment of Court The Court of Appeal 2014 put the legislative arrangements in place which are necessary to facilitate the establishment of a Court of Appeal at a level between the High Court and the Supreme Court, as approved by Referendum on 4 October 2013. The Act provides for the establishment, in accordance with the terms of Article 34A of the Constitution. The Court of […]
Perjury The Criminal Justice (Perjury and Related Offences) Act 2021 reformed the law of perjury and related offences. A person commits an offence referred to as perjury if he or she, in, or for the purpose of, a judicial or other proceeding, gives a statement material in the proceeding— while lawfully sworn as a witness or as an interpreter, on affidavit, or in a statement […]
Establishment of Courts The High Court, established in 1924, took over the role and functions of the pre-existing High Court, as it existed when Ireland was part of the United Kingdom. The Supreme Court took over the role of the Irish Court of Appeal. The House of Lords’ jurisdiction continued to subsist (in the Privy Council) until the mid-1930s. The High Court assumed all jurisdiction […]
New System of Courts The Irish Free State established an entirely new system of courts under the Courts of Justice Act 1924. The broad structure of the system of courts remains much the same today. Following a constitutional case, it was necessary to formally re-establish the courts under the Constitution in 1961. However, they follow the same structure as had been laid out in the […]
Court Offices The Court Officers Act, 1926, modernized and re-established certain existing offices and reformed the court service. Court officers and agents are appointed by the State and are, in effect, public servants. The organisation of court’s business is formally under the control of the judge of the relevant court. The relevant court office acts under the general direction of the judge and subject to […]
Establishment The Court Services were established by the Court Services Act 1998. It is an independent agency with its own corporate identity. The functions of the Service are to manage the courts, provide support services to judges, provide information on the court system to the public, provide, manage and maintain court dealings and provide facilities for users of the court. The functions conferred on the […]
Common law Crimes & Justice System The ancient common law crimes of barratry, maintenance and champerty seek to prevent persons without a direct interest in litigation from supporting it. It is assumed that this will increase the risk of unjustified litigation and create perverse incentives. Maintenance is an offence that consists of unlawful taking up of, upholding or assisting civil claims or quarrels of others […]