The administration of justice is exclusively a matter for the Courts. Generally, the administration of justice involves a determination of a dispute in relation to legal rights. This may be a criminal case, civil case or another type of determination. The guilt or innocence of persons is almost invariably a judicial matter.<\/p>\n
The matter of imposition of a penalty or punishment is exclusively one for the Courts. However, the government may legitimately cut short existing sentences or deal with matters such as parole and release. The Minister for Justice may remit or commute sentences. The law may designate a range of penalties from which a Judge may choose or impose mandatory penalties.<\/p>\n
There has been a good deal of controversy regarding the question of whether disciplinary hearings which have a severe impact on the person concerned are equivalent to judicial functions. Most of the professional disciplinary procedure legislation allows for an ultimate confirmation of the decision by a Court. This is done out of concern that they may otherwise be an unlawful purported judicial function.<\/p>\n
It has been held, for example, that internal prison discipline is not judicial. Similarly, disciplinary matters in employment and other equivalent functions are not required to be heard by a Court.<\/p>\n
The Constitution allows limited types of judicial functions to be determined by bodies other than Courts. This does not apply to criminal matters. An unlimited power is one that may affect in a profound or far-reaching way the life, liberty, fortune and reputation of the persons concerned.<\/p>\n
These limited judicial functions may be exercised by administrative bodies in the public sector under Article 37. Examples include An Bord Plean\u00e1la and numerous other administrative appeal bodies. See our sections on administration.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Taoiseach The Constitution lays down details regarding the administration and organisation of the government and the Courts.\u00a0 The head of the government is the Taoiseach or Prime Minister. In practice, the Irish designation is invariably used. The Taoiseach is appointed by the President on the nomination of the D\u00e1il. The Taoiseach must be a member […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[60],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4962"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4962"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4962\/revisions"}],"predecessor-version":[{"id":27300,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4962\/revisions\/27300"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4962"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4962"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4962"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}