The Irish Judiciary

The Irish Judiciary - Overview

• The Irish Judiciary applies the law of the state and interprets the Constitution in judicial reviews.
• The judiciary is separate from both the executive and the legislative branches of the government, a principle referred to as the separation of powers. The judiciary is independent and subject only to the Constitution and the law.

Structure of the Irish Judiciary

• The judiciary in Ireland is made up of a hierarchy of courts. At the top sits the Supreme Court which is the highest court in the land.
• Below it, in descending order of jurisdiction, are the Court of Appeal, the High Court, the Circuit Court and the District Court.
• The Special Criminal Court is a non-jury court used for cases involving organised crime or terrorism where it’s deemed that a normal court could be intimidated.

Role of the Irish Judiciary

• The main role of the Irish Judiciary is to interpret the laws and the Constitution, resolving disputes and upholding justice in society.
• It also has the power to challenge the constitutionality of laws enacted by the Oireachtas.

Appointment and Removal of Judges

• In Ireland, judges are appointed by the President of Ireland on the advice of the government. The government’s advice is informed by recommendations from the Judicial Appointments Advisory Board.
• Once appointed, a judge can be removed from office only for stated misbehaviour or incapacity, and only on a resolution passed by both Dáil Eireann and Seanad Eireann.

Importance of the Irish Judiciary

• The Judiciary serves an important role in protecting the rights and freedoms of individuals, safeguarding the rule of law and maintaining the democratic order.
• By interpreting the Constitution, the Judiciary ensures that laws passed by the Oireachtas do not infringe on the rights and freedoms set out in the Constitution.