Supreme Court of Ireland
- Introduction
- Functions of the Supreme Court
- Decision on the constitutionality of new laws
- Further information
Introduction
The Supreme Court is the highest court in Ireland and the court of final appeal in Ireland. It usually sits in the Four Courts in Dublin.
The Supreme Court is made up of
- The Chief Justice, who is President of the Court, and
- Up to 9 ordinary judges.
The President of the Court of Appeal and the President of the High Court are also judges of the Supreme Court. Read more about the Irish courts system.
Usually, cases appealed 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.
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 has to determine the constitutionality of new laws referred to it by the President, that has been passed by both Houses of the Oireachtas
Decision on the constitutionality of new laws
The President can refer a proposed Bill to the Supreme Court. It must then be heard before at least 5 judges.
A barrister or team of barristers represents the Office of the Attorney General, arguing the Bill is constitutional and should remain as it is. The Court appoints another barrister or team of barristers 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 that the Bill is contrary to the Constitution, it cannot be enacted into law in its current form.
Further information
Further information on the Supreme Court is available at supremecourt.ie.
You can also contact the Supreme Court Office.