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, 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 ...
in
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 ...
, established = , dissolved = , jurisdiction = Ireland , location =
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 ...
, 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 i ...
, 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 pr ...

Courts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom =
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

High Court , terms = Once appointed, a judge may only be removed by the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...
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: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
. It is a court of final appeal and exercises, in conjunction with the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
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 This is a list of Acts of the Oireachtas (Irish parliament) for the years 1922 to present. ;Notes In the lists below, unless otherwise stated, all Acts are public Acts. Prior to 2003, the short title of legislation included a comma before the y ...
(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
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 ...
in
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 ...
.


Establishment

The Supreme Court was formally established on 29 September 1961 under the terms of the 1937
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 ...
. Prior to 1961, a transitory provision of the 1937 Constitution permitted the
Supreme Court of the Irish Free State The Supreme Court of the Irish Free State was the state's court of final appeal. It was created in Article 64 of the Irish Free State Constitution. It was presided over by a Chief Justice. The number of judges on the court was laid down in th ...
to continue, though the justices were required to take the new
oath of office An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Suc ...
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 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
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
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 i ...
(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 Su ...
in only two circumstances: when a Bill is referred to it 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 ...
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 statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...
, 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 U.S. Federal tribunals in the United States, 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 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 ...
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 Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
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 ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
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 continental mainland. It comprises England, Scotland, Wales and ...
, and Supreme Court judges had been trained in British jurisprudence, which stresses the sovereignty of parliament and deference to the
legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
. It was also the case that under the 1922 Constitution there was a right of appeal to the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mo ...
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 ( 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 typi ...
. *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 located primarily in Europe, Europe. The union has a total area of ...
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 ''State (Burke) v. Lennon'' 940IR 136 was a landmark case during a transitional time for the Constitution of Ireland. The case took place from 28 November 1939 to 9 February 1940 and examined an "internment without trial" under the 1939 Offence ...
'', 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 ''Crotty v. An Taoiseach''987IESC 4, 987IR 713, 987ILRM 400, 9872 CMLR 666, (1987) 93 ILR 480. was a landmark 1987 decision of the Irish Supreme Court which found that Ireland could not ratify the Single European Act unless the Irish Constitut ...
'' (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 located primarily in Europe, Europe. The union has a total area 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 ''Attorney General v X'', 992IESC 1; 9921 IR 1, (more commonly known as the "X Case") was a landmark Irish Supreme Court case which established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnancy, ...
'', 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 ''McD v. L'' is a ruling by the Supreme Court of Ireland, handed down on 10 December 2009, that granted a sperm donor visitation rights to a child born via artificial insemination. The case has been viewed as a victory by advocates for the righ ...
'' (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)


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, french: Cour de Justice européenne), formally just 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 U ...
(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 European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, 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 an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
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.


See also

* List of Irish Supreme Court cases *
Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
*
Dáil Courts The Dáil Courts (also known as Republican Courts) were the judicial branch of government of the Irish Republic, which had unilaterally declared independence in 1919. They were formally established by a decree of the First Dáil on 29 June 192 ...
*
Supreme Court of the Irish Free State The Supreme Court of the Irish Free State was the state's court of final appeal. It was created in Article 64 of the Irish Free State Constitution. It was presided over by a Chief Justice. The number of judges on the court was laid down in th ...
*
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 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
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
1961 establishments in Ireland Courts and tribunals established in 1961