Supreme Court - Civil Jurisdiction

Rules

• The Supreme Court can hear appeals from all decisions of the High Court.
• The Supreme Court may also give a ruling on a question of law submitted to it by the Circuit Court.
• The Supreme Court has the power to decide whether a Bill that has been passed by both Houses of the Oireachtas and presented to the President of Ireland for his/her signature before being enacted into law is repugnant to the Constitution.

This happens when the matter is referred to the Supreme Court by the President. In a case where the a proposed Bill has been referred to the Supreme Court it is heard before seven judges. A barrister represents the Office of the Attorney General, arguing the Bill is constitutional and should remain as it is. The Court appoints another barrister to set out the reasons why the Bill is unconstitutional and should not be enacted.

In cases examining whether or not a Bill is constitutional, the Supreme Court makes one decision and this decision is final. If the Court finds the Bill is contrary or repugnant to the Constitution, it cannot be enacted into law in its present form.

This occurred for example in 2005 when the Supreme Court found sections of the Health (Amendment) (No. 2) Bill 2004 were repugnant to the constitution. This legislation therefore cannot be enacted.

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