Supreme Court of Ireland
Introduction
The Supreme Court consists of the Chief Justice, who is President of the Court, and 9 ordinary judges. The President of the Court of Appeal and the President of the High Court are additional judges of the Supreme Court. Read more about the Irish courts system.
Generally, appeals to the Supreme Court are heard and decided on by 5 judges. However, the Chief Justice can direct that any appeal or other matter is heard and decided on by 3 judges or, in exceptional cases, by 7 judges. The exception to this is matters relating to the Constitution, which must be heard by a minimum of 5 judges.
Functions of the Supreme Court
The Supreme Court has the following functions:
- It hears appeals from the Court
of Appeal if the Supreme Court is satisfied that:
- the decision involves a matter of general public importance, or
- in the interests of justice it is necessary that there is an appeal to the Supreme Court - It hears appeals from the High
Court if the Supreme Court is satisfied that there are exceptional
circumstances that call for a direct appeal to it. The Supreme Court must
be satisfied that:
- the decision involves a matter of general public importance, or
- it is in the interests of justice - It is a constitutional court, as it is the final decision-maker in interpreting the Constitution of Ireland
- It can end the President's term of office, if 5 Supreme Court judges or more decide that a President has become permanently incapacitated
- It can check the constitutionality of a Bill referred to it by the President, that has been passed by both Houses of the Oireachtas
Ruling on the constitutionality of a Bill
Where the President refers a proposed Bill to the Supreme Court it is heard before 7 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.
Further information
Further information on the Supreme Court is available at supremecourt.ie.
You can also contact the Supreme Court Office.