High Court of the Republic of Ireland
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The High Court of the Republic of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases, and also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether a law is constitutional or not, and of judicial review over acts of the government.
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Structure
The High Court is established by Article 34 of the Constitution of Ireland, which grants it "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made under "the advice of the Government". In practice, this means that the judges are nominated by the government and automatically approved by the President.
There can be at most 32 ordinary High Court judges, however the president of the Circuit Court and the Chief Justice of the Supreme Court are ex officio judges of the High Court. Cases are normally heard by one judge, but the President of the High Court may order that a particular case be heard by three judges sitting together — a so-called divisional court.
The court normally hears cases in the Four Courts building in Dublin, although it also has regular sittings outside the capital.
As of 2005, Justice Joseph Finnegan was President of the High Court.
Criminal cases
The High Court is known as the Central Criminal Court when it is hearing a criminal case. The Central Criminal Court has original jurisdiction for the following criminal offences:
- treason (as well as aiding or concealing treason)
- murder (as well as attempted murder and conspiracy to murder)
- piracy
- genocide (illegal in Ireland under the Genocide Act 1973)
- rape and other serious sexual offences
All Central Criminal Court cases are heard in front of a jury of twelve. The defendant can be convicted on a majority verdict of ten jurors. Appeals from the Central Criminal Court can be made to the Court of Criminal Appeal, and the sentence can be appealed as well as the verdict.
Civil cases
The High Court is the court of first instance for all civil cases where more than €38,092.14 is involved. It also has power of judicial review over the acts of the government, including the decisions of all inferior courts, and decisions made by tribunals of inquiry.
Non-criminal judgements of the High Court may be appealed to the Supreme Court.
See also
External links
- High Court — from the Irish government information website
- High Court — from the Courts Service website
