Supreme Court

Supreme Court. Under the constitution of the Irish Free State and the Courts of Justice Act 1924, the Supreme Court was solely a court of appeal. The High Court had sole jurisdiction on the constitutionality of legislation. The power of judicial review was limited because the 1922 constitution could be amended by ordinary legislation.

In the 1937 constitution of Ireland the powers of the Supreme Court, influenced by the American model, were greatly strengthened. It is the court of final appeal and consists of at least five judges (increased to eight in 1995), including the chief justice. It has appellate jurisdiction over decisions of the other courts and its authority in cases of challenges to laws is entrenched. In cases concerning the validity of a law with reference to the constitution, only one judgment, with no assenting or dissenting opinions, can be given. This also applies to bills referred to the Supreme Court by the president. Since the 1961 Courts Act, the Supreme Court has extended its jurisdiction to other areas, notably habeas corpus, orders for costs, and appeals against acquittals.

After 1937, judges were initially slow to use judicial review. A more assertive stance commenced with Justice George Gavan Duffy (1882–1951) of the High Court, and with Cearbhall Ó Dálaigh, a Supreme Court judge from 1953 and chief justice 1962–73. Between 1939 and 1987, the 50th anniversary of the constitution, the number of cases per decade referred to the court more than quintupled. Since the 1960s the court has delivered landmark decisions in many areas, especially personal rights, but with Ireland's accession to the European Union in 1973, the finality of the Supreme Court's decisions has been limited by the European Court of Justice and the European Court of Human Rights.

Deirdre McMahon