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- Preliminary Material
- Main Text
- 1 Introduction
- 2 The Origins of the Supreme Court
- 3 The Supreme Court and the Irish Free State
- 4 The Jurisdiction of the Supreme Court
- The Role of the Supreme Court
- Ireland’s Final Court of Appeal
- The Court of Criminal Appeal
- The Growing Caseload of the Supreme Court
- The Jurisdiction of the Supreme Court Today
- Leapfrog Appeals to the Supreme Court
- Referrals to the Supreme Court
- Cases Stated and Original Jurisdiction
- The Impact of the New Court of Appeal
- The Presumed Continuance of Pre-1922 Laws
- The Meaning of ‘Limited Functions and Powers of a Judicial Nature’
- Non-justiciable Questions
- Conclusion
- 5 The Judges of the Supreme Court
- 6 The Supreme Court and the Constitution
- The President’s Power to Refer Legislation to the Supreme Court
- Emergency Laws: An Early Test and Its Aftermath
- How Have Article 26 References Worked in Practice?
- Developments in the 1990s
- Developments in the 2000s
- The ‘One Judgment’ Rule
- The ‘Immutability’ Rule
- Unenumerated Rights
- Expenditure of Public Money and Socio-Economic Rights
- The Influence of ‘Natural Law’
- Conclusion
- 7 The Supreme Court and Northern Ireland
- Arms Smuggling and R v Haughey
- The Sunningdale Agreement
- The Anglo-Irish Agreement and McGimpsey v Ireland
- The Good Friday Agreement and Riordan v An Taoiseach (No 2)
- Extradition
- The Extradition Act 1965, Bourke and Magee
- The Law Enforcement Commission Report
- A Change of Heart
- A Further U-turn: Finucane v McMahon and Its Aftermath
- Extradition Today
- Conclusion
- 8 Administrative Law
- State Side Orders, Applications for Judicial Review, and Public Law
- The Ultra Vires Doctrine and Beyond
- Principles of Natural Justice
- Reasonableness
- Proportionality
- Reaction to Meadows
- Deference
- Public Liability
- Byrne v Ireland
- Webb v Ireland
- Duties of Care, Economic Loss and Nervous Shock
- Police and Army Cases
- Aggravated Damages
- Conclusion
- 9 Criminal Justice
- 10 Family and Personal Life
- 11 The Supreme Court and the European Union
- 12 The Supreme Court and the European Convention on Human Rights
- The 1960s and the Lawless Case
- Failed Attempts to Challenge Supreme Court Decisions
- The Airey and Johnston Cases
- The Norris Case
- The Pine Valley, Open Door and Keegan Cases
- The Heaney, DG and McElhinney Cases
- The Murphy and Independent News Cases
- The Bosphorus Airways Case
- Further Cases on Delay and Unfairness
- Delay in Criminal Cases
- Delay Today
- The A, B and C Case
- The O’Keeffe Case
- The Impact of the European Convention on Human Rights Act 2003
- Conclusion
- 13 Conclusion
- Further Material
- Appendix 1 Office Holders, 1922–2018
- Appendix 2 A Chronology of Supreme Court Appointments
- Appendix 3 Biographies of the Judges of the Supreme Court 1924–2018
- Barrington, Donal (1928–2018; served 1996–2000)
- Barron, Henry (1928–2010; served 1997–2000)
- Black, William (1879–1967; served 1942–51)*
- Blayney, John (1925–2018 ; served 1992–97)
- Budd, Frederick (1904–76; served 1966–75)*
- Charleton, Peter (b 1956; appointed 2014)
- Clarke, Frank (b 1951; appointed 2012)
- Denham, Susan (b 1945; served 1992–2017)
- Dunne, Elizabeth (b 1956; appointed 2013)
- Egan, Seamus (1923–2004; served 1991–95)
- Fennelly, Nial (b 1942; served 2000–14)
- Finlay, Thomas (1922–2017; served 1985–94)
- Finlay Geoghegan, Mary (b 1951; appointed 2017)
- Finnegan, Joseph (b 1942; served 2006–12)
- FitzGerald, William [‘Billy’] (1906–74; served 1966–74)*
- FitzGibbon, Gerald (1866–1942; served 1924–38)
- Geoghegan, Hugh (b 1938; served 2000–10)
- Geoghegan, James (1886–1951; served 1936–50)*
- Griffin, Frank (1918–2016; served 1973–91)
- Hamilton, Liam (1928–2000; served 1994–2000)*
- Hardiman, Adrian (1951–2016; served 2000–16)
- Haugh, Kevin (1901–69; served 1961–69)*
- Hederman, Anthony (Tony) (1921–2014; served 1981–93)
- Henchy, Seamus (1918–2009; served 1972–88)*
- Johnston, William (1869–1940; served 1939–40)*
- Keane, Ronan (b 1932; served 1996–2004)
- Kearns, Nicholas (b 1946; served 2004–09)
- Kennedy, Hugh (1879–1936; served 1924–36)*
- Kenny, John (1917–87; served 1975–82)*
- Kingsmill Moore, Theodore (TC) (1893–1979; served 1951–66)*
- Laffoy, Mary (b 1945; served 2013–17)
- Lavery, Cecil (1894–1967, served 1950–66)*
- Lynch, Kevin (1928–2013; served 1996–99)
- Macken, Fidelma (b 1945; served 2005–12)
- MacMenamin, John (b 1952; appointed 2012)
- Maguire, Conor (1889–1971; served 1946–61)*
- Maguire, Martin (1889–1962; served 1954–61)
- McCarthy, Niall (‘Neil’) (1925–92; served 1982–92)*
- McCracken, Brian (b 1934; served 2002–06)
- McGuinness, Catherine (b 1934; served 2000–06)
- McKechnie, William (Liam) (b 1951; appointed 2010)
- McLoughlin, Richard (1901–72; served 1969–72)
- Meredith, James Creed (1875–1942, served 1936–42)*
- Murnaghan, James (1881–1973; served 1925–53)*
- Murphy, Francis (b 1932; served 1996–2002)
- Murray, John (b 1943; served 1999–2015)
- O’Byrne, John (1884–1954; served 1940–54)*
- Caoimh, Aindrias (1912–94; served 1965–66)*
- O’Connor, Charles (1854–1928; served 1924–25)*
- Dálaigh, Cearbhall (1911–78; served 1953–72)*
- O’Donnell, Donal (b 1958; appointed 2010)
- O’Flaherty, Hugh (b 1938; served 1990–99)
- O’Higgins, Thomas (1916–2003; served 1973–85)
- O’Malley, Iseult (b 1964; appointed 2015)
- Parke, Weldon (1912–81; served 1976–81)
- Sullivan, Timothy (1874–1949; served 1936–46)*
- Walsh, Brian (1918–98; served 1961–90)*
- Appendix 4 References to the Supreme Court under Article 26 of the Constitution
- Appendix 5 Supreme Court Decisions reviewed in Strasbourg
- Bibliography
- Index
- [18.206.13.203]
- 18.206.13.203
