The Supreme Court of Ireland () is the highest judicial authority in
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
. It is a court of final appeal and exercises, in conjunction with the
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
and the
High Court,
judicial review over
Acts of the Oireachtas (Irish parliament). The Supreme Court also has appellate jurisdiction to ensure compliance with the
Constitution of Ireland by governmental bodies and private citizens. It sits in the
Four Courts in
Dublin
Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...
.
Establishment
The Supreme Court was formally established on 29 September 1961 under the terms of the 1937
Constitution of Ireland. 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 under the terms of the 1922
Constitution of the Irish Free State. Prior to 1924, a transitory provision of the 1922 Constitution permitted the
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 the union of the Kingdom of Great Britain and the Kingdom of Ireland into one sovereign state, established by the Acts of Union 1800, Acts of Union in 1801. It continued in this form until ...
. 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
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
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 () is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The presidency is a predominantly figurehead, ceremonial institution, serving as ...
in accordance with the binding
advice of the
Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
(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 continued 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 Supreme Court also has jurisdiction to hear
leapfrog appeals directly from the High Court in exceptional circumstances.
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 only two circumstances: when a Bill is referred to it by the
President under Article 26 of the Constitution for an opinion on its constitutionality before
promulgation
Promulgation is the formal proclamation or the declaration that a new statute, statutory or administrative law is enacted after its final Enactment of a bill, approval. In some jurisdiction (area), jurisdictions, this additional step is necessary ...
, 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
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
).
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
judicial review 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 ...
. 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 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
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, and Supreme Court judges had been trained in British jurisprudence, which stresses the
sovereignty of parliament and deference to the
legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
. It was also the case that under the 1922 Constitution there was a right of appeal to the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...
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 based on an expansive reading of Article 40.3.1°, with elements of
natural law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
and
liberal democratic theory.
*Developed and defended the
separation of powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
.
*Ruled that major changes to the treaties establishing the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
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)
*1965 – ''Keaveney v. Geraghty'' (restrictions on frivolous and vexatious litigants) (re-affirmed in ''
Wunder v. Hospitals Trust'' (1967))
*1966 – ''The State (Nicolaou) v. An Bord Uchtála'' (constitutional family only that based on marriage)
*1971 – ''
Byrne v. Ireland'' (unconstitutionality of state immunity in tort)
*1974 – ''
McGee v. The Attorney General
''McGee v The Attorney General'' 973IR 284 was a judgment of the Irish Supreme Court in 1973 on marital privacy. By a decision of 4 to 1, the court conferred upon spouses a broad right to privacy in marital affairs.
Background
Mary McGee wa ...
'' (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 conc ...
)
*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 a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
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
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
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)
*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 (ratification of
CETA)
*2023 – ''Heneghan v. Minister for Housing, Planning and Local Government''
(enactment of the
Seventh Amendment of the Constitution of Ireland)
Sharing of sovereignty
Today the Supreme Court shares its authority with two supra-national courts: the
European Court of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...
(ECJ) and the
European Court of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
(ECtHR). In matters relating to the correct interpretation of
European Union law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
, 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
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 a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
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 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.
See also
*
List of Irish Supreme Court cases
*
Supreme court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
*
Dáil Courts
*
Supreme Court of the Irish Free State
*
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*
History of the Republic of Ireland
*
Abortion in the Republic of Ireland
*
Philip Sheedy affair
Notes
References
Sources
*
*
Citations
External links
Irish Courts ServiceList of Article 26 referencesSupreme 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
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
1961 establishments in Ireland
Courts and tribunals established in 1961