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Thirty-third Amendment Of The Constitution Of Ireland
The Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013 is an amendments to the Constitution of Ireland, amendment to the Constitution of Ireland which established a Court of Appeal (Ireland), Court of Appeal to sit between the existing High Court (Ireland), High and Supreme Court of Ireland, Supreme Courts for the purpose of taking over most of the appellate jurisdiction of the Supreme Court. The amendment was approved by the electorate in a referendum on 4 October 2013, and then signed into law by President of Ireland, President Michael D. Higgins on 1 November 2013. While the amendment provided for the new court to hear most appeals, it also provided for exceptions that could go directly to the Supreme Court. The Thirty-third Amendment makes appeals from the Court of Appeal to the Supreme Court subject to obtaining the Supreme Court's Leave to appeal, leave. Such leave would only be granted in cases of general public importance or in the interests of justice ...
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Amendments To The Constitution Of Ireland
Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann, be passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the president of Ireland. Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution. Aside from amendments to the Constitution itself, the Constitution also provides for referendums on ordinary Bill (law), bills; this is known as an ordinary referendum. This provision has never been used. Procedure for amendment of the Constitution Referendum The procedure for amending the constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution initiated in Dáil Éireann, the house of representatives of the Oireachtas. It must then be passed or deemed to have been passed by both Houses of ...
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Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ...
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Dissenting Opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's Holding (law), holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise hol ...
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Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority op ...
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Opinion Of The Court
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from a case, the court may be stuck with a tie, in which case the ...
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Minister For Justice (Ireland)
The Minister for Justice, Home Affairs and Migration () is a senior minister (government), minister in the Government of Ireland and leads the Department of Justice, Home Affairs and Migration. The Minister for Justice, Home Affairs and Migration has overall responsibility for law and order in Ireland. The current Minister for Justice, Home Affairs and Migration is Jim O'Callaghan, Teachta Dála, TD. He is assisted by two Minister of State (Ireland), Ministers of State: *Niall Collins, TD – Minister of State for International law, law reform and youth justice *Colm Brophy, TD – Minister of State for Migration History From 1919 until 1924 the position was known as the Minister for Home Affairs. In 1997, the functions of the Minister for Labour (Ireland), Minister for Equality and Law Reform were transferred to this Minister, and it was renamed as the Minister for Justice, Equality and Law Reform, a title which it retained until 2010. The minister held the title of Minister ...
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Alan Shatter
Alan Joseph Shatter (born 14 February 1951) is an Irish lawyer, author and former Fine Gael politician who served as Minister for Justice and Equality and Minister for Defence from 2011 to 2014. He was a Teachta Dála (TD) for the Dublin South constituency from 1981 to 2002 and from 2007 to 2016. He left Fine Gael in early 2018 and ran as an independent candidate at the 2024 general election, but was not elected. His most recent books are ''Life is a Funny Business'' (2017), ''Frenzy and Betrayal: The Anatomy of a Political Assassination'' (2019) and ''Cyril's Lottery of Life'' (2023) He has had occasional opinion articles published in ''The Irish Times'', the ''Irish Independent'', the '' Sunday Independent'', the '' Business Post'', the '' Jerusalem Post'' and the '' Times of Israel''. He is chairperson of the Inheritance Tax Reform Campaign and of Magen David Adom Ireland. Personal life Born in Dublin to a Jewish family, Shatter is the son of Elaine and Reuben Shat ...
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Susan Denham
Susan Jane Denham, SC (''née'' Gageby; born 22 August 1945) is a retired Irish judge who served as Chief Justice of Ireland from 2011 to 2017, she was the first woman to hold the position. She served as a Judge of the Supreme Court from 1992 to 2017, and was the third longest-serving member of the court on her retirement. She also served as a Judge of the High Court from 1991 to 1992. Early life Susan Gageby was born in Dublin in 1945. She was educated at Alexandra College, Dublin. She is the daughter of the former editor of ''The Irish Times'', Douglas Gageby, the sister of another barrister Patrick Gageby and maternal granddaughter of Seán Lester. She is from a Church of Ireland background. She attended Trinity College Dublin (LL.B. 1969), the King's Inns, and the Law School of Columbia University, New York City (LL.M. 1972). She was involved with the Free Legal Advice Centres while studying in Dublin and was a founder and president of the Archaeology and Folklife Society ...
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26th Government Of Ireland
Sixth is the ordinal form of the number six. * The Sixth Amendment, to the U.S. Constitution * A keg of beer, equal to 5 U.S. gallons or barrel * The fraction Music * Sixth interval (music)s: ** major sixth, a musical interval ** minor sixth, a musical interval ** diminished sixth, an interval produced by narrowing a minor sixth by a chromatic semitone ** augmented sixth, an interval produced by widening a major sixth by a chromatic semitone * Sixth chord, two different kinds of chord * Submediant, sixth degree of the diatonic scale * Landini sixth, a type of cadence * Sixth (interval) Other uses * ''The Sixth'' (1981 film), a Soviet film directed by Samvel Gasparov * ''The Sixth'' (2024 film), an American documentary film directed by Andrea Nix Fine and Sean Fine * The 6ths The 6ths was a band created by Stephin Merritt, also the primary songwriter and instrumentalist behind The Magnetic Fields, The Gothic Archies, and Future Bible Heroes. In the group, Merritt wrot ...
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Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. History Before establishment of independent constitutional court Prior to 1919, the United States, Canada and Australia had adopted the concept of judicial review by their courts, following shared principles of their similar common law legal systems, which they, in turn, had inherited from British colonial law. The Parthenopean Republic's constitution of 1799, written by Mario Pagano, envisaged an organ of magistrates reviewing constitutional law, the ''eforato'', but lasted only 6 months. The 1776 Constitution of Pennsylvania and 1777 Constitution of Vermont both establish a "Council of Censors" separate from the other branches of government, with the task of "recommending to the l ...
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Article 26 Of The Constitution Of Ireland
The Council of State () is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of their discretionary, reserve powers. It also has authority to provide for the temporary exercise of the duties of the president if these cannot be exercised by either the president or the Presidential CommissionConstitution of Ireland, Article 14.4 (an eventuality that is very unlikely to occur, since it would require the simultaneous absence of the President and two members of the three-member Commission).Constitution of Ireland, Article 14.3 Members The Council of State consists of a number of government officials, who sit , as well as certain former office holders and up to seven individuals of the president's own choosing. The members comprise the attorney general as well as individuals from each of three branches of government: legislature, executive and judiciary. Unlike most of the president's other duties, which must be conducted i ...
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Court Of Criminal Appeal (Ireland)
The Court of Criminal Appeal () was an appellate court for criminal cases in the law of the Republic of Ireland. It existed from 1924 until 2014, when it was superseded by the Court of Appeal, which can hear appeals for all types of case. Operation The Court of Criminal Appeal heard appeals for indictable offences tried in the Circuit Court, the Central Criminal Court, and the Special Criminal Court. The Court sat in a division of three, with one Supreme Court judge and two High Court judges. The court could hear appeals by a defendant against conviction, sentence or both. Leave to appeal was only given where there was a disagreement on a point of law, although an exception can be made when new evidence becomes available which could not have been presented before the original court. The Director of Public Prosecutions could also appeal against a sentence on the grounds that it was unduly lenient. A further appeal to the Supreme Court only lay when the Court of Crimina ...
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