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17 Cards in this Set
- Front
- Back
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Curtin v Clerk of Dáil Éireann
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"The courts are required to act as custodians of the Constitution and as such, to act as a check on the functions of the other two arms of government." Murray CJ
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McKenna v An Taoiseach
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"...the People...are entitled to be permitted to reach their decision free from unauthorised interference by any of the organs of the State."
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O'Byrne v Minister for Finance
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"...a judge who was subject to removal or to have his salary reduced would be under temptation to be subservient...But I fail to see how a tax which is non-discriminatory against judges can assail the judicial independence." Kingmill Moore J
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Curtin v Clerk of Dáil Éireann
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"The principle of judicial independence does not exist for the personal or individual benefit of the judges." Murray CJ
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Denham CJ
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"The judiciary is the weakest arm of government here and democracy in Ireland would be “very much enhanced” by the establishment of a judicial council, the Chief Justice has said."
seminar on aspects of judicial independence |
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Doherty v Government of Ireland
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Government failed to issue by-election writ "offends the terms and spirit of the Constitution"
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The Whelahan Case
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-AG appointed President of the High Court
-Criticised for failing to extradite Fr. Brendan Smyth -Resigned, government ultimately fell |
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Judicial Appointments Advisory Board
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Recommends 7 qualified for post to Minister
S.16(7): Criteria -degree of competence and probity consistent with appointment -suitable in character and temperament -generally suitable |
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Article 35.2
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"independent in the exercise of their judicial functions and subject only to this Constitution and the law"
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Article 35.3
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Cannot be a member of Oireachtas or hold any other position of emolument
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Article 35.1
Article 13.9 |
Judges appointed by President
President's powers and functions performed on the advise of the Government |
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Article 35.5, 35.5.2, 35.5.3
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Judicial remuneration now "subject to the imposition of taxes, levies or any other charges that are imposed by law"
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Article 35.4
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Judge can be removed from office "for stated or incapacity" on the passing of a resolution by the Dáil and Seanad
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The Sheedy Affair
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-Flaherty J enquired about a case to the County Registrar who subsequently relisted it
-Flaherty J, Registrar and another judge resigned -Disciplinary system needed with gradation of sanctions |
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Committee on Judicial Conduct and Ethics 2000
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-Report suggested Panel of Inquiry be set up to investigate judicial misconduct and a range of sanctions
-Bill to amend Constitution withdrawn |
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Judge Perrin Case
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Renewed calls for Judicial Council
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Scheme of Judicial Council Bill 2010
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Head 20: Judicial Council with 8 judges, 3 lay members
Head 26: Informal investigation by CJ or relevant court President at Committee's request Head 27: Non-minor complaints investigated by Panel of Enquiry Head 30(3): Panel would- -issue advice to judge concerned -recommend course of action -issue recommendation to President of court -recommend procedural change, or issue a reprimand |
