Citizens Information

Introduction

Article 34 of Bunreacht na hEireann (the Irish Constitution) sets down that the courts system in Ireland will include a Court of Final Appeal. This Court of Final Appeal is known in Ireland as the 'Supreme Court'. The Supreme Court consists of the Chief Justice and seven ordinary judges. This court is located in Dublin.

Appeals are heard and determined by five judges unless the Chief Justice directs that any appeal or other matter (apart from matters relating to the Constitution) should be heard and determined by three judges.

Civil matters

The Supreme Court has a broad jurisdiction in civil matters:

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 if a question of the permanent incapacity of the President arises.
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 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.

Criminal matters

The jurisdiction of the Supreme Court in criminal matters is as follows:

The Supreme Court has jurisdiction to hear an appeal from the Court of Criminal Appeal if the Court of Criminal Appeal or the Attorney General certifies that the decision
- involves a point of law of exceptional public importance and
- it is desirable in the public interest that an appeal should be taken to the Supreme Court.
The Director of Public Prosecutions may appeal a point of law from a trial on indictment to the Supreme Court. This does not mean that the Supreme Court may overturn the verdict of "not guilty". It simply clarifies the law for future cases.

Further information

Further information on the Supreme Court is available at supremecourt.ie.

Page updated: 15 July 2011

Supreme Court of Ireland

Introduction

Civil matters

Criminal matters

Further information

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