Supreme Court (Ireland)
The Supreme Court ( Supreme Court ; Irish : An Chúirt Uachtarach ) is the highest judicial body in the Republic of Ireland and also checks judgments and laws for their constitutionality. The Supreme Court consists of the chief judge, who presides over it, and seven other judges. Supreme Court justices are proposed by the government and appointed by the President of Ireland . The Supreme Court has its seat at the Four Courts in Dublin . Judge Susan Denham is currently chairing the meeting .
history
The basis for the (modern) Supreme Court was created under the 1937 constitution . What is unusual is that the court has only existed since 1961 , as the transitional provisions from the Free State Constitution to the 1937 Constitution allowed the Supreme Court of the Irish Free State to continue to exist as long as no law creates the new jurisdiction. And so - to a certain extent by mistake - the new Supreme Court was not brought into being by law until 1961. Some lawyers doubted that all decisions of the old court from 1937 to 1961 were legal as the new Supreme Court had broader powers; especially with questions regarding the constitutionality of laws - the old court was set up under an old constitution. The question of whether decisions from this period are really final and cannot be revised still preoccupies Irish courts today.
Composition and tasks
The exact number of judges is determined by law, but can be changed. Currently (2005) the Supreme Court consists of 7 judges and a chairman. The President of the High Court (supreme civil and criminal court) also belongs ex officio to the Supreme Court. Judgments are made in groups of 3, 5 or 8 judges, with constitutional questions always having to be 5 or 8 judges. Supreme Court judges can be removed from office, but only in cases of abuse of office or incapacity and if this is decided jointly by both Houses of Parliament in a resolution. With such a resolution, the judge is then dismissed by the president.
The Supreme Court serves as the appellate court for judgments of the High Court and (in special cases) of the lower courts, but is usually limited to reviewing the legality of judgments. Article 12 of the constitution also stipulates that the Supreme Court, with a number of at least 5 judges, can decide that the president is "permanently unable to exercise his office", in order to subsequently remove him from office. A judge's salary cannot be reduced while he is in office.
Today, the Irish judiciary shares its powers with two supranational courts: the International Criminal Court and the European Court of Justice . In matters relating to the correct interpretation of European law, the decisions of the European Court of Justice take precedence over those of the Supreme Court. The judgments of the European Court of Human Rights also take precedence in Ireland.
Legal review
The Irish Constitution states in Article 15.4.2 that any law passed by Parliament ( Oireachtas ) that in any way violates this Constitution is void to the extent of these discrepancies.
The activities of the Irish government (as an executive branch ) must therefore be correct, both legally and constitutionally. The Constitution gives the Supreme Court the right to review the law and interpret the Constitution. The court can therefore declare laws (or parts thereof) to be invalid if they violate the constitution. The Supreme Court also interprets normal laws and clarifies questions about their interpretation. A draft law that has already been checked for constitutionality by the President's discretionary decision by the Supreme Court and has not been objected to can no longer be declared invalid after the law has entered into force. Only after a few decades did the importance of the Supreme Court grow, and it has made some important decisions in recent years.
Important decisions
- 1971 - The state is no longer immune from lawsuits
- 1973 - Constitutional Review of the Sunningdale Agreement
- 1974 - Legalization of contraceptives
- 1983 - Homosexuality remains illegal (later repealed by the European Court of Human Rights)
- 1987 - ratification of the European treaties
- 1990 - constitutional review of the Anglo-Irish Agreement of 1985
- 1992 - Abortion legal in case of risk of own life
- 1995 - The government cannot use public money to support a side in a referendum