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5 Cards in this Set
- Front
- Back
Relevant Articles |
34.1 - Public Administration of Justice 34.3.4 - Courts of Local/Limited Jurisdiction 35.2/35.4 - Judicial Independence/Removal 38.3 - Special Criminal Court |
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Pre-Trial Publicity |
Overlaps with Art 38.1 - Right to Fair Trial Art 34 - Public Administration of Justice Re Ansbacher Ltd McCracken J "no hesitation whatever in saying that the right to have justice administered in public far exceeds any right to privacy, confidentiality or a good name" Re R trial in camera if legislation so provided (s205(7) of the CA 1963). Need legislation and overriding necessity in interest of justice Irish Press v Ingersoll restated the 2 criteria necessary Goodman v Hamilton Tribunal of Inquiry does not involve the admin of justice Roe v BTSD in camera rejected as no legislative provision The Claimant v St James' same situation as above Irish Times v Ireland allows for in camera even when no legislative provision Re Ansbacher held only to apply in criminal cases Doe v Revenue Comm the Court didn't allow, but did not expressly limit Irish Times to apply purely to criminal matters |
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Independence & Removal |
-Immunity from suit; Desmond v Riordan provided to the protect the public (fear of defamation), however, liable once aware he/she has exceeded jurisdiction. -Remuneration; O'Byrne v Min for Finance alleged political pressure on judges if they were taxed, cannot be seen as an attack on independence. Reductions such as Pension Levy would be a reduction of pay at source -Removal; Curtain v Dáil Eireann "stated misbehaviour" over looked as although innocent public perception would render him "incapable" or carrying out functions. |
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Jurisdiction |
McEvitt v Delap Clune v DPP Melling v O'Mathghnamhna; Minor offence -Severity of Penalty Kostan v Ireland penalty of £100,000 is severe Rollinson v Kelly maximum 'likely' sentence -Moral Quality Melling importation of silk stockings wouldn't be deemed immoral -Public Opinion in 1937; not crucial |
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Special Criminal Court |
Art 38.3 - ordinary courts inadequate to secure effective administration of justice |