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Oxford Law Citator
Contents
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Preliminary Material
Foreword
Preface
Contents
Table of Cases
Irish Cases
Cases at the European Court of Human Rights and the Court of Justice of the European Union
Other National Cases
United Kingdom
Australia
Canada
Germany
New Zealand
South Africa
United States
International Cases
Table of Legislative Provisions and Treaties
Irish Legislation
Constitutional Provisions
Statutes
Secondary Legislation
International Law
International Treaties, Agreements and Conventions
UN Resolutions
Rules and Guidelines
European Law
Conventions and Treaties
Statutes
Directives
Decisions
Regulations
Rules
Bilateral Treaties
Other National Legislation
Argentina
Australia
Austria
Brazil
Canada
France
Germany
India
Luxembourg
New Zealand
Peru
Philippines
Poland
South Africa
Spain
United Kingdom
Primary Legislation
Secondary Legislation
United States
Main Text
1 Introduction
The Aims of this Study
Evaluating Supreme Courts
Assessments Elsewhere
The Approach of this Book
2 The Origins of the Supreme Court
The Birth of an Independent Ireland
The Evolution of the Court System in Ireland
Irish influence in the House of Lords
The Constitution and the Dáil Éireann courts
The Judiciary Committee 1923
Supreme Courts Elsewhere at this Time
Canada
Australia
South Africa
Newfoundland and New Zealand
European nations and the USA
The Courts of Justice Act 1924
3 The Supreme Court and the Irish Free State
Appeals to the Privy Council
Appeals in practice
The Performing Right Society case
The Statute of Westminster 1931
Appeals from other dominions
Parliamentary Sovereignty
Civil Unrest and Emergency Legislation
The State (Ryan) v Lennon
The Court’s Performance 1924–37
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 Constitution Review Group
Chief Justice Keane’s lecture
The Law Reform Commission
Statistics on the Supreme Court’s workload
The Working Group on the Court of Appeal
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
Eligibility for Appointment
Method of Appointment
The Judicial Appointments Advisory Board
Beyond the Advisory Board
The Judicial Appointments Commission Bill
Salaries and Pensions
Ensuring Standards of Excellence
Retirement
Those Who Have Served
The top judges before 1924
The original judges
Judges appointed between 1925 and 1936
Judges appointed between 1939 and 1954
Judges appointed between 1961 and 1976
Judges appointed between 1981 and 1992
Judges appointed between 1994 and 2006
Judges appointed since 2010
The Representativeness of the Supreme Court Judges
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
Posterior constitutional review
Unenumerated Rights
Expenditure of Public Money and Socio-Economic Rights
Constitutional provisions and the Sinnott and TD cases
Alternative approaches
The Influence of ‘Natural Law’
Conclusion
7 The Supreme Court and Northern Ireland
Arms Smuggling and R v Haughey
The Sunningdale Agreement
Boland v An Taoiseach
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
Re Article 26 and the Criminal Law (Jurisdiction) Bill 1975
A Change of Heart
The McGlinchey litigation
McMahon v Leahy, Shannon v Fanning and Quinn v Wren
The Extradition (Convention on the Suppression of Terrorism) Act 1987
Russell v Fanning
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
Introduction
Ensuring that a Criminal Trial Proceeds Fairly
The Special Criminal Court
Developments since the 1990s
The Right to Bail
Evidence Obtained Unconstitutionally
The Damache and JC cases
The Retrospectivity of Declarations of Unconstitutionality
Conclusion
10 Family and Personal Life
Introduction
The Family, Illegitimacy and Adoption
Further Cases on Adoption
The Position Today
Immigration
Matrimonial Property
Contraception
Abortion
Human Assisted Reproduction
The Right to Die
Conclusion
11 The Supreme Court and the European Union
The Reception of European Law by the Supreme Court
Campus Oil and Pesca Valentia
The Crotty Case
Maastricht and the Meagher and Mallon Cases
The Maher Case
The Amsterdam, Nice and Lisbon Treaties
Pringle and the European Stability Mechanism
Other Encounters with EU Law
Conclusion
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
A Summing Up
Constraints on the Supreme Court’s Decision-Making
The Principle of Consistency
Further Material
Appendix 1 Office Holders, 1922–2018
Governor General / President
Governor General
President
Taoiseach (Prime Minister) and main governing party
Attorney General
President of the Supreme Court / Chief Justice
President of the Court of Appeal
President of the High Court
Appendix 2 A Chronology of Supreme Court Appointments
Judges appointed to the Supreme Court (with life-span and years served)
The changing composition of the Supreme Court (Chief Justice in bold)
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
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Table of Legislative Provisions and Treaties
From:
The Irish Supreme Court: Historical and Comparative Perspectives
Brice Dickson
Content type:
Book content
Product:
Oxford Constitutions of the World [OCW]
Published in print:
05 February 2019
ISBN:
9780198793731
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