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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 amendment to the Constitution of Ireland which established a Court of Appeal to sit between the existing High and 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 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. Such leave would only be granted in cases of general public importance or in the interests of justice. The intent of the amendment was to reduce the work load of the Supreme Court, allowing it to concentrate on a smaller number of more important cases. Bef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 first be approved 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 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 originating in Dáil Éireann (lower house of the Oireachtas). It must first be formally approved by both the Dáil and the Seanad, although in practice the Seanad has only the power to delay ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than 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. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an 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 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 holding of the majority opi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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 opinion and a conc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 the case, the court may be stuck with a tie, in which case th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister For Justice (Ireland)
The Minister for Justice ( ga, An tAire Dlí agus Cirt) is a senior minister in the Government of Ireland and leads the Department of Justice. The Minister for Justice has overall responsibility for law and order in Ireland. The current Minister for Justice is Simon Harris, TD. He is holding this position in a temporary capacity during the maternity leave of Helen McEntee, TD, who continues as a minister without portfolio. Harris is assisted by a Minister of State: * James Browne, Minister of State at the Department of Justice with responsibility for Law Reform, Civil Justice and Immigration. History From 1919 until 1924 the position was known as the Minister for Home Affairs. In 1997, the functions of the 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 for Justice and Equality from 2011 to 2020. As of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ended his membership of Fine Gael in early 2018. His most recent books are ''Life is a Funny Business'' (2017) and ''Frenzy and Betrayal: The Anatomy of a Political Assassination'' (2019). Personal life Born in Dublin to a Jewish family, Shatter is the son of Elaine and Reuben Shatter, a British couple who met by chance when they were both on holidays in Ireland in 1947. He was educated at The High School, Dublin, Trinity College Dublin and the Europa Institute of the University of Amsterdam. In his late teens he worked for two months in Israel on a kibbutz. Shatter has lived most of his life in Dublin; he grew up in Rathgar and Rathfarnham and lives now in Ballinteer with his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 and 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 at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
26th Government Of Ireland
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Six is a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 26 Of The Constitution Of Ireland
The Council of State ( ga, an Chomhairle Stáit) 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 '' ex officio'', as well as certain former office holders and up to seven individuals of the president's own choosing. The ''ex officio'' members comprise the attorney general as well as individuals from each of three branches of government: legislature, executive and judiciary. Unlike most of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Criminal Appeal (Ireland)
The Court of Criminal Appeal ( ga, An Chúirt Achomhairc Choiriúil) 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
