Judicial Review In Ireland
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Judicial Review In Ireland
Judicial review in the Republic of Ireland is a way for the Superior Courts to supervise the Oireachtas to make sure that legislation does not conflict with the Constitution. "Superior Courts" refers to either the High Court of Ireland, the Court of Appeal of Ireland or the Supreme Court of Ireland and is a specific reference to the greater width of their jurisdiction in comparison to Ireland's lower courts (that is, the District Court and the Circuit Court). An applicant for judicial review in Ireland must start by applying for leave to seek judicial review. This acts as a filter of entirely spurious or unfounded matters. Having been granted leave, the applicant must then remake the entire application for judicial review whereupon the Court will set a date for hearing. All judicial review in Ireland is conducted by the High Court unless the applicant wants a review of any decision, activity, ruling or rule of the High Court whereby the review is conducted by the Supreme Cour ...
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Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ( ga, Tithe an Oireachtais): **Dáil Éireann (lower house) **Seanad Éireann (upper house) The houses of the Oireachtas sit in Leinster House in Dublin, an eighteenth-century Duke, ducal palace. The directly elected Dáil is by far the more powerful branch of the Oireachtas. Etymology The word comes from the Irish language, Irish word / ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State. Composition Dáil Éireann, the lower house, is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old. An election i ...
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High Court (Ireland)
The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Governm ...
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Court Of Appeal (Ireland)
The Court of Appeal ( ga, An Chúirt Achomhairc) is a court in Ireland that sits between the High Court and Supreme Court. Its jurisdiction derives from Article 34.4. It was established in 2014, taking over the existing appellate jurisdiction of the Supreme Court in 2014 and replacing the Court of Criminal Appeal and the Courts-Martial Appeal Court (subject to transitional provisions). Appeals to the Supreme Court are at that Court's discretion. Establishment The superior courts provided under the Courts of Justice Act 1924 and the 1937 constitution were the High Court and the Supreme Court. By the 1990s, there was a large backlog of cases in which the Supreme Court was required to hear appeals from the High Court. The Supreme Court heard a greater number of cases than its counterparts in other common law states. A working group which reported in 2009 recommended introducing a new court to hear most appeals of High Court judgments, freeing up the Supreme Court to restrict it ...
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Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , budg ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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District Court (Ireland)
The District Court ( ga, An Chúirt Dúiche) is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court. Jurisdiction The civil jurisdiction is limited to damages not exceeding €15,000; the court has no equitable jurisdiction. The court has the power to renew licences for the sale of intoxicating liquor and grant licences for lotteries. The family jurisdiction of the court includes the power to award guardianship, grant protection or barring orders, and award maintenance of up to €150 a week per child or €500 per week for a spouse. The criminal jurisdiction is limited to summary offences – i.e. offences heard without a jury where the maximum punishment is 12 months imprisonment. Indictable offences may also b ...
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Circuit Court (Ireland)
The Circuit Court ( ga, An Chúirt Chuarda) of Republic of Ireland, Ireland is an intermediate level court of local and limited jurisdiction which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the High Court (Ireland), Central Criminal Court or the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court (Ireland), High Court but normally cannot award damages of more than €75,000. The Circuit Court also hears ''De novo review, de novo'' appeals from the District Court (Ireland), District Court in both civil and criminal matters. The Circuit Court consists of a President and thirty-seven ordinary judges and six specialist judges. It is composed of eight circuits, each of which cover an ''ad hoc'' region of the state. One jud ...
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Irish Administrative Law
Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit of the United Kingdom of Great Britain and Northern Ireland ** Republic of Ireland, a sovereign state * Irish language, a Celtic Goidelic language of the Indo-European language family spoken in Ireland * Irish people, people of Irish ethnicity, people born in Ireland and people who hold Irish citizenship Places * Irish Creek (Kansas), a stream in Kansas * Irish Creek (South Dakota), a stream in South Dakota * Irish Lake, Watonwan County, Minnesota * Irish Sea, the body of water which separates the islands of Ireland and Great Britain People * Irish (surname), a list of people * William Irish, pseudonym of American writer Cornell Woolrich (1903–1968) * Irish Bob Murphy, Irish-American boxer Edwin Lee Conarty (1922–1961) * Irish McCal ...
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