Supreme Court of Ireland

Information

Article 34 of Bunreacht na hEireann (the Irish Constitution) sets down that the courts system in Ireland will include a Court of Final Appeal. This Court of Final Appeal is known in Ireland as the 'Supreme Court'. The Supreme Court consists of the Chief Justice and seven ordinary judges. This court is located in Dublin.

Appeals are heard and determined by five judges unless the Chief Justice directs that any appeal or other matter (apart from matters relating to the Constitution) should be heard and determined by three judges.

The Supreme Court has power to decide whether a Bill (or any provision or provisions of it), which has been passed by both Houses of the Oireachtas (either the Seanad or Dail) and presented to the President of Ireland for his/her signature before being enacted into law, is repugnant to the Constitution, on the matter being referred to the court by the President. In cases where the Supreme Court is examining whether or not proposed legislation is unconstitutional, the case is heard before seven judges. A barrister acting on behalf of the Attorney General argues that the proposed Bill is constitutional - a barrister appointed by behalf of the Court, argues that the Bill is not. One final decision is then made by the Supreme Court and this decision remains final.

If a question of the permanent incapacity of the President arises, such question falls to be decided by the Supreme Court.

Rules

The Supreme Court decides civil and criminal matters. Our Supreme Court - Civil Jurisdiction document describes the civil matters that the Supreme Court decides. Our Supreme Court - Criminal Jurisdiction document sets out the functions of the Supreme Court with regard to criminal matters.

Further information on the Supreme Court is available on its website www.supremecourt.ie.