The Administration of Justice in Ireland
| Author | Vincent Grogan |
| Published date | 01 March 1968 |
| Date | 01 March 1968 |
| DOI | 10.1177/002085236803400103 |
| Subject Matter | Articles |
The Administration of
Justice in Ireland
by Vincent GROGAN, S.C.,
Director of the Statute Law Reform
and Consolidation Office
UDC 347.97 (417)
I. -
INTRODUCTION ( 1 )
the Judicature (Ireland) Act, 1877, the existing
superior courts were fused into one Supreme
Ireland has rightly been described as the
Court of Judicature. The County Court sys-
country of the &dquo; first adventure &dquo; of the com-
tem as it developed in Ireland had, however,
mon law.
The common law was first intro-
no exact parallel in England. The Irish
duced
sys-
shortly after the Norman invasion, 1169,
tem was based on a form of procedure peculiar
but its reception throughout the country was
to this country, known as the &dquo; civil bill &dquo;.
the gradual process of many centuries. The
This practice existed in England in medieval
application of the common law was at first
times but fell into disuse. Due to the fact
confined to English settlers in the colonised
that it was free from technicality, it was
area.
As a general rule the native Irish were
cheaper and more certain than procedure by
not admitted to its advantages. Outside the
writ in civil cases, and became very popular.
occupied area, the Pale, they retained their
The system is still operated by the presentday
native brehon law, a system which was not
Circuit Court, which has replaced the former
finally displaced until the 17th century, des-
County courts and has a much more extensive
pite continuous efforts at its suppression. By
jurisdiction.
the early 13th century, however, it had become
common
to grant by charter to individual Irish-
Constitutional
men or
Changes, 1922-1949
groups of them the right to use English
law. In the absence of such a grant, the
Under the Constitution of 1922, following
native Irish were, under the feudal system with-
the Anglo-Irish Treaty, the Irish Free State
in the Pale, reduced to the status of villeins or
became a separate political entity. The new
betaghs.
Dominion extended to only twenty-six of the
From the
thirty-two counties : the other six had already
year 1300 until the Act of Union
with Great
been
Britain, 1800,
constituted as &dquo; Northern Ireland &dquo; under
separate parliaments
the Government of Ireland Act, 1920, with a
were held in Ireland under the writ of the
king’s deputy. Apart from the legislation
parliament of its own having local legislative
passed by these assemblies, English statutes
powers but subordinate to that of Westminster.
In 1924 the
were in various
previous court system was repla-
ways applied to Ireland. By
ced
Poynings’ Act, 1495, the Irish parliament
by a new hierarchy of courts. The new
en-
acted that all statutes previously made by the
system, of which more later, is in all essentials
English parliament should apply. In 1782
that which operates today. It departs con-
the Irish parliament asserted its independence
siderably from the previous pattern, notably
of that of Westminster. A brief
in
period of
regard to local courts. Lay magistrates
legislative (though not of executive) indepen-
were abolished.
All courts are manned by
dence ended with the coming into operation
qualified lawyers of at least ten years’ stand-
of the Act of Union.
ing.
The development of the Court
The Constitution of 1937 established a new
system
followed closely that in England. Thus, by
State, to be known as Ireland, with a President
in place of the Crown. This State continued
to be associated with the Commonwealth in
(1) This article is
the
largely based on The Adminis-
sphere of external relations until April,
tration of Justice in Ireland, by V.T.H. Delany,
1949, when the last link with the Common-
LL.D. (2nd edition, revised by V. Grogan) and Ad-
wealth was severed and the State became,
ministrative Tribunals in the Public Service, by V.
formally, a
Grogan : both Institute of Public Administration
republic. The Irish Free State
courts were continued in
publications.
being until 1961.
15
In that year a new system, in all essentials
II. -
CIVIL JURISDICTION
similar to the previous one, was established
under Article 34 of the Constitution.
High Court and Supreme Court procedure
A Rules Committee prescribes regulations
The Courts Today
for the control of judicial proceedings. Con-
solidated rules came into force in 1963. The
Supreme Court Rules Committee consists of
The courts are :
eleven members drawn from the judiciary, the
bar and the solicitors’ profession.
The Supreme Court (the Chief Justice and
four ordinary judges). This is the final court
of
Conduct
appeal. It is also the constitutional court,
of an action
having the ultimate right to decide on the
In practice, most of the steps taken by a
validity of a law having regard to the provi-
plaintiff in the conduct of an action are carried
sions of the Constitution. Another, novel,
out by his solicitor in consultation with counsel.
jurisdiction is that of advising the President
The first step is for the plaintiff to issue and
whether a Bill passed by the two houses of
serve on the defendant a ’Plenary Summons’,
parliament (Oireachtas) is ultra vires the Con-
which is the modem equivalent of the writ.
stitution.
If it is, the President must decline
The Plenary Summons has on it a ’General
to sign it.
If it is held to be within the law-
Indorsement of Claim’, which sets out as suc-
making power, the President must sign it, and
cinctly as possible the relief claimed and the
thereafter none of its provisions can be ques-
grounds on which it is claimed. After the
tioned on constitutional grounds in any court.
summons has been issued and served the
defendant enters a formal ’Appearance’ in the
The High Court (a President, who is ex
appropriate office of the High Court. The
officio an additional member of the Supreme
plaintiff then sends to the defendant a docu-
Court, and five ordinary judges). This is the
ment called a ’Statement of Claim’ setting out
highest court of first instance, having full
in detail the allegations that he is making, and
jurisdiction to decide all questions of law and
this is responded to by the defendant sending a
fact, civil or criminal. In criminal cases, a
’Defence’ in which each allegation in the state-
judge of the court sits with a jury of twelve.
ment of claim is denied or otherwise dealt
Each judge, sitting alone, has full jurisdiction
with.
To this, in turn, the plaintiff may send
in civil matters. Juries are availed of to
a ’Reply’ dealing with the matters raised in
decide questions of fact in certain classes of
the defence.
civil action. Where certain legal issues are
involved,
None of these documents deals with the
a bench of three judges may con-
stitute the
evidence
court.
upon which the allegations are to be
supported. They are designed to ensure that
The Circuit
each
Court (a President, who is
party should known with reasonable par-
ex
officio an additional member of the High Court,
ticularity the case he will have to meet in
and eight ordinary judges). This is
court.
The...
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