, 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 The Four Courts ( ga, Na Ceithre Cúirteanna) is Ireland's most prominent courts building, located on Inns Quay in Dublin. The Four Courts is the principal seat of the Supreme Court, the Court of Appeal, the High Court and the Dublin Circui ...

Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 c ...

, established = , dissolved = , jurisdiction = Ireland , location =

, coordinates = , motto = , type = Appointed by the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

, acting on the binding advice of the

Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...

, authority = Article 34 of the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

Courts (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 , budget = , language = , tribunal-type = , website = , chiefjudgetitle = Chief Justice , chiefjudgename =

Donal O'Donnell Donal Gerard O'Donnell (born 25 October 1957) is an Irish judge who is the Chief Justice of Ireland since October 2021. He has served as a Judge of the Supreme Court of Ireland since January 2010. He practised as a barrister between 1982 and 20 ...

, termstart = , termend = , termend2 = , chiefjudgetitle2 = , chiefjudgename2 = , termstart2 = , termend3 = , termend4 = , chiefjudgetitle3 = , chiefjudgename3 = , termstart3 = , termend5 = , termend6 = , division_map = , division_map_size = , division_map_alt = , division_caption = The Supreme Court of Ireland ( ga, Cúirt Uachtarach na hÉireann) is the highest judicial authority in

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court,

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...

over Acts of the Oireachtas (Irish parliament). The Supreme Court also has appellate jurisdiction to ensure compliance with the

Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...

by governmental bodies and private citizens. It sits in the

Establishment

The Supreme Court was formally established on 29 September 1961 under the terms of the 1937

. Prior to 1961, a transitory provision of the 1937 Constitution permitted the Supreme Court of the Irish Free State to continue, though the justices were required to take the new oath of office prescribed by the 1937 Constitution. The latter court was established by the

Courts of Justice Act 1924 The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new c ...

under the terms of the 1922

Constitution of the Irish Free State The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Supreme Court of Judicature to continue, the latter established in 1877 in the

United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Grea ...

. Whereas the 1924 act was a comprehensive revision of the court's foundation preserving little of the 1877 arrangement, the 1961 act was a brief formal restatement in terms of the 1937 Constitution.

Composition

The Supreme Court consists of its president called the Chief Justice, and not more than nine ordinary members.See Section 6 of the ''Courts and Court Officers Act 1995'' as amended by Section 22 of the ''Courts and Civil Law (Miscellaneous Provisions) Act 2013''. There are two members: the President of the Court of Appeal who normally sits in the Court of Appeal, and the President of the High Court who normally sits in the High Court. The Supreme Court sits in divisions of three, five or seven judges. Two or more divisions may sit at the same time. When determining whether the President is permanently incapacitated within the meaning of Article 12 of the constitution, ruling on the constitutionality of a bill referred to it by the President under Article 26, or ruling on the constitutionality of any law the court must consist of at least five members.S.7, ''Courts (Supplemental Provisions) Act 1961''. Judges of the Supreme Court are appointed by the

President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...

in accordance with the binding

advice Advice (noun) or advise (verb) may refer to: * Advice (opinion), an opinion or recommendation offered as a guide to action, conduct * Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder * Advice (p ...

of the

(cabinet), who, since 1995, act in turn on the non-binding advice of a judicial advisory board.See the ''Courts and Court Officers Act 1995''

Current members

members

Former members

* List of judges of the Supreme Court of Ireland

Tenure

Under the Courts and Court Officers Act 1995, the retirement age of ordinary judges of the Supreme Court was reduced from 72 years to 70 years. Judges appointed prior to the coming into operation of that Act may continue in office until aged 72. The Courts (No. 2) Act 1997 limited the term of office of a person appointed to the post of Chief Justice after the coming into operation of the Act to a period of seven years. A former Chief Justice may continue as a member of the Court until reaching the statutory retirement age.

Jurisdiction

The Supreme Court hears appeals from the Court of Appeal, and as part of the transitional arrangements following the establishment of the Court of Appeal, from the High Court, the Court of Criminal Appeal and the Courts-Martial Appeal Court, where cases have not been transferred from the Supreme Court to the Court of Appeal. The Court's power to hear appeals can be severely restricted (as it is from the Court of Criminal Appeal and the Courts-Martial Appeal Court) or excluded altogether, with the exception of appeals concerning the consistency of a law with the constitution. The Supreme Court also hears points of law referred to it from the Circuit Court. The Supreme Court has

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...

in only two circumstances: when a Bill is referred to it by the

under Article 26 of the Constitution for an opinion on its constitutionality before promulgation, or when the court must determine under Article 12 of the Constitution whether the President has become incapacitated. The Supreme Court originally had little discretion to determine which cases it hears as requirements to seek the leave of either the trial court or the Supreme Court itself before an appeal could be brought were rare. After the Thirty-third Amendment created the Court of Appeal, however, the Supreme Court's appellate jurisdiction is entirely by leave; the Supreme Court can refuse to hear any appeal (similar to the process in the Supreme Court of the United States).

Judicial review

The Supreme Court exercises, in conjunction with the High Court, the power to strike down laws which are inconsistent with the constitution. The courts also grant injunctions against public bodies, private bodies and citizens to ensure compliance with the constitution. The Irish constitution explicitly provides for the

of legislation. Acts passed after the coming into force of the constitution, are invalid if "repugnant" to the constitution, while laws in force prior to the coming into force of the constitution are invalid if "inconsistent" with the constitution. The constitution also provides, under Article 26, for the judicial review of bills before they are (or would have been) signed into law. The power to refer bills is personally exercised by the President after consulting the

Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...

. When the Supreme Court upholds the constitutionality of a bill referred to it under Article 26, its constitutionality can never again be questioned in any court whatsoever. Supreme Court judges are normally free to deliver their own judgements, whether dissenting and concurring. There is an exception when considering the constitutionality of a bill referred by the President under Article 26 of the Constitution, for which only a single judgment can be delivered. Formerly, the single-judgment rule also applied when considering the constitutionality of an

Act of the Oireachtas The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written const ...

passed under the 1937 Constitution; this was removed by the 33rd Amendment in 2013. Acts passed prior to 1937 have always permitted multiple judgments.

Jurisprudence

After a slow start in its first two decades of the Constitution, the Supreme Court has expounded a significant constitutional jurisprudence. This slow start was partly because, prior to 1922, the whole of

was a part of the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

, and Supreme Court judges had been trained in British jurisprudence, which stresses the

sovereignty of parliament Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...

and deference to the

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

. It was also the case that under the 1922 Constitution there was a right of appeal to the Privy Council which was exercised on a number of occasions. Nonetheless from the 1960s onwards, the Court has made a number of significant decisions. It has, for example: *Developed a doctrine of

unenumerated rights Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly coded or "enumerated" within the explicit writ of the law. Alternative terminolo ...

based on an expansive reading of Article 40.3.1°, with elements of

natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...

and

liberal democratic Liberal democracy is the combination of a liberal political ideology that operates under an indirect democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into di ...

theory. *Developed and defended the

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

. *Ruled that major changes to the treaties establishing the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

may not be ratified by the state unless allowed by a previously passed constitutional amendment. *Ruled that Articles 2 and 3 (as they stood before 1999) did not impose obligations upon the state that were enforceable in a court of law. *Discovered a broad right to privacy in marital affairs implicit in Article 41. *Discovered a right to an abortion where there is a risk to the life of the mother through suicide in Article 40.3.3°. *Imported the doctrine of proportionality into Irish law.

Significant rulings

*1940 – '' State (Burke) v. Lennon'', imprisonment without trial *1950 – '' Buckley v. The Attorney General'' (also known as the Sinn Féin Funds case) (right to property) *1965 – ''Ryan v. The Attorney General'' (doctrine of unenumerated rights) *1966 – ''The State (Nicolaou) v. An Bord Uchtála'' (constitutional family only that based on marriage) *1967 – '' Wunder v. Hospitals Trust'' *1971 – '' Byrne v. Ireland'' (unconstitutionality of state immunity in tort) *1974 – '' McGee v. The Attorney General'' (marital privacy and contraceptives) *1976 – ''De Búrca v. The Attorney General'' (equality) *1979 – ''East Donegal Co-operative v. The Attorney General'' (

natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...

) *1983 – '' Norris v. The Attorney General'' (criminalisation of homosexuality upheld)Ireland was subsequently judged to be in breach of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

in ''Norris v. Ireland''. Homosexuality was legalised in the Republic by the ''Criminal law (Sexual Offences) Act 1993''. *1987 – '' Crotty v. An Taoiseach'' (ratification of

treaties) *1988 – ''Attorney General (Society for the Protection of the Unborn Child) v. Open Door Counselling'' (information relating to abortion) *1988 – ''Webb v. Ireland'' (non-survival of crown prerogatives) *1989 – ''Kennedy v. Ireland'' (right to privacy) *1992 – '' Attorney General v. X'', more commonly the "X case" (abortion and risk of suicide) *1993 – ''Attorney General v. Hamilton'' (separation of powers) *1993 – ''Meagher v. The Minister for Agriculture'' (European Communities Act) *1994 – ''Heaney v. Ireland'' ( doctrine of proportionality) *1995 – '' In re Article 26 and the Regulation of Information (Services outside the State for Termination of Pregnancies) Bill 1995'' (supremacy of written constitution over natural law) *1995 – ''Re a Ward of court'' (right to die) *1995 – '' McKenna v. An Taoiseach'' (referendum campaign finance) *2001 – '' Sinnott v. Minister for Education'' (limitations on right to education) *2003 – ''Lobe and Osayande v. Minister for Justice'' (deportation of the parents of citizens) *2006 – '' Curtin v. Dáil Éireann'' (removal of judges) *2006 – '' A. v. The Governor of Arbour Hill Prison'' (unconstitutionality of a law does not retrospectively invalidate all actions taken under it) *2009 – '' McD v. L'' (established parental rights for sperm donors) *2013 – '' Marie Fleming v Ireland and the Attorney General'' (upheld the ban on assisted suicide) *2018 – ''M. v. Minister for Justice'' (constitutional rights of unborn) *2022 – ''

Costello v. Government of Ireland ''Costello v. Government of Ireland'' 022IESC 44 is a decision of the Supreme Court of Ireland in which it held that Irish law precludes the ratification of the Comprehensive Economic and Trade Agreement, an agreement signed between Canada and ...

(ratification of

CETA The Comprehensive Economic and Trade Agreement (CETA) is a free-trade agreement between Canada and the European Union and its member states. It has been provisionally applied, thus removing 98% of the preexisting tariffs between the two parts. ...

)

Sharing of sovereignty

Today the Supreme Court shares its authority with two supra-national courts: the European Court of Justice (ECJ) and the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

(ECtHR). In matters relating to the correct interpretation of European Union law, decisions of the ECJ take precedence over those of the Irish Supreme Court. The relationship between the Irish courts and the ECtHR is more complicated. The

is a treaty binding on the state in international law. However, as a matter of Irish domestic law, the Convention is enshrined only in statute and does not have the status of constitutional law. Under the terms of the European Convention on Human Rights Act, passed by the Oireachtas in 2003, ordinary statutes must, when possible, be interpreted in line with the Convention. However, in Irish courts, the Convention must give way both to clear legislative intent and to any countermanding requirement of the Constitution. Furthermore, convention provisions cannot be relied upon as separate causes of action. Supreme Court decisions cannot be appealed, as such, to either court. The ECJ hears cases referred to it by the Irish Courts by way of

preliminary ruling A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (preliminary reference) from a court or a tribunal of a member state. A preliminary rulin ...

and while unsuccessful litigants before the Supreme Court can apply to the ECtHR, the latter court's decision does not have the effect of voiding the Supreme Court's decision. As a matter of Irish domestic law, a decision of the ECtHR does not override acts of the Oireachtas, but instead, it must be brought to the attention of the Oireachtas, which may decide upon legislation or perhaps even a constitutional referendum to implement it.

Notes

References

Sources

* *

Citations

External links

Irish Courts Service

List of Article 26 references

Supreme Court of Ireland websiteSupreme Court of Ireland Decisions
– from the British and Irish Legal Information Institute
Stare Decisis Hibernia
– digests of recent Irish superior court decisions. {{Authority control Courts of the Republic of Ireland

1961 establishments in Ireland Courts and tribunals established in 1961