Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Court of Appeal (Ireland)

From Wikipedia, the free encyclopedia
Irish superior appellate court
For the 1877–1924 court, seeCourt of Appeal in Ireland.

Coat of arms of Ireland
Administrative geography

TheCourt of Appeal (Irish:An Chúirt Achomhairc) is a court inIreland that sits between theHigh Court andSupreme Court. Its jurisdiction derives from Article 34.4. It was established in 2014, taking over the existingappellate jurisdiction of the Supreme Court in 2014 and replacing theCourt of Criminal Appeal and the Courts-Martial Appeal Court (subject to transitional provisions). Appeals to the Supreme Court are at that Court's discretion.

Establishment

[edit]
Main article:Thirty-third Amendment of the Constitution of Ireland

The superior courts provided under theCourts of Justice Act 1924 and the1937 constitution were the High Court and the Supreme Court. By the 1990s, there was a large backlog of cases in which the Supreme Court was required to hear appeals from the High Court. The Supreme Court heard a greater number of cases than its counterparts in other common law states.[1] A working group which reported in 2009 recommended introducing a new court to hear most appeals of High Court judgments, freeing up the Supreme Court to restrict itself to cases of constitutional importance. This would require amending the constitution to remove the general right to appeal to the Supreme Court and allow that court the discretion to decide which cases to hear itself.[2]

Aconstitutional amendment along the lines of the 2009 report was approved in areferendum on 4 October 2013. The Court of Appeal Act 2014 gave effect inprimary legislation to the new constitutional provision.[3] The Rules of the Superior Courts and schedule ofcourt fees were then amended bystatutory instrument.[4][5] The court came into operation on 28 October 2014.[6]

In February 2014, the government announced that serving High Court judgeSean Ryan would be designated as the president of the new court. On 29 October 2014, the Government nominated Ryan and eight ordinary judges of the Court of Appeal,[7] who were appointed by thePresident of Ireland on the same day.[8] A ninth ordinary judge, John A. Edwards, was nominated on 11 November 2014,[9] and appointed on 4 December 2014.[10] Nine of the appointees to the new Court were judges of theHigh Court; one was promoted directly from theCircuit Court.[7]

Cases

[edit]

On 28 October 2014, the Supreme Court transferred 258 cases to the Court of Appeal.[11] It later transferred more, to a total of about 1,650 cases.[12]

On 10 March 2015, the Court of Appeal overturned a May 2014 High Court ruling that section 2(2) of the Misuse of Drugs Act 1977 was unconstitutional, thus annullingstatutory instruments made under section 2(2) which criminalised variousdesigner drugs.[13] The government had made contingency plans for emergency legislation after the High Court ruling, and anAct was rushed through theOireachtas on 10–11 March 2015.[14] International media reported on the one-day decriminalisation ofMDMA andmethamphetamine.[15][16] The ruling was overturned again by theIrish Supreme Court in the following year inBederev v Ireland.

In September 2016, a paper inThe Irish Law Times claimed "the Court of Appeal never had a prayer of solving the problem that was put to the people in this referendum, which was solving the backlog", with 1,814 cases pending at the end of 2015 compared to 2,001 cases at the start.[17] A spokesperson for the court said it would process cases faster when it "finds its rhythm".[17] In October 2017, the court's president said it was "coming to the point of being overwhelmed" by its backlog of cases, with about 600 added annually compared to about 320 dealt with.[12] The Supreme Court offered to take back some of the 650 cases still outstanding from those it had transferred in 2014.[12]

In 2014, before the introduction of the Court of Appeal, the waiting time for appeals from the High Court was five to seven years. In 2018, it averaged one year for appeals to the Supreme Court and two years to the Court of Appeal.[18]

Composition

[edit]

The Court of Appeal consists of its president, up to 18 ordinary judges, and twoex officio members: theChief Justice (head of theSupreme Court) and the President of theHigh Court.[19] The President of the Court of Appeal isex officio an additional judge of both the Supreme Court and the High Court.[19] The Courts Act 2019 increased the number of ordinary judges from 9 to 15.[20]

See also:List of judges of the Court of Appeal (Ireland)

Current members

[edit]
  •   denotes President
Name[21]Since
Caroline CostelloJuly 2024
John A. EdwardsDecember 2014
Máire WhelanJune 2017
Patrick J. McCarthyJuly 2018
Isobel KennedyNovember 2018
Seamus NoonanNovember 2019
Mary FahertyNovember 2019
Robert HaughtonNovember 2019
Úna Ní RaifeartaighNovember 2019
Ann PowerNovember 2019
Donald BinchyMarch 2020
Teresa PilkingtonSeptember 2020
Nuala ButlerOctober 2022
Charles MeenanJuly 2023
Tara BurnsJuly 2023
Brian O'MooreOctober 2023
Michael MacGrathJuly 2024
Niamh HylandJuly 2024
Anthony CollinsNovember 2024
Denis McDonaldNovember 2024

Ex officio members

[edit]
NameSinceOffice
Donal O'DonnellOctober 2021Chief Justice of Ireland
David BarnivilleJuly 2022President of the High Court

References

[edit]
  1. ^Butler, Graham (August 2015)."The Road to a Court of Appeal—Part I: History and Constitutional Amendment".Irish Law Times.Archived from the original on 16 March 2016. Retrieved31 August 2015.This was out-of-kilter with other jurisdictions of a similar nature in the United Kingdom, Canada, New Zealand and Australia.
  2. ^Working Group on a Court of Appeal (May 2009).Report(PDF). Government Publications. Vol. Prn. A8/0153. Dublin: Stationery Office.ISBN 978-1-4064-2117-0.Archived(PDF) from the original on 23 September 2015. Retrieved25 March 2015.
  3. ^"Court of Appeal Act 2014".Irish Statute Book. 20 July 2014.Archived from the original on 23 July 2015. Retrieved24 March 2015.
  4. ^"S.I. No. 485/2014 - Rules of the Superior Courts (Court of Appeal Act 2014) 2014".Irish Statute Book.Archived from the original on 2 April 2015. Retrieved24 March 2015.
  5. ^"S.I. No. 492/2014 - Supreme Court, Court of Appeal and High Court (Fees) Order 2014".Irish Statute Book.Archived from the original on 2 April 2015. Retrieved24 March 2015.
  6. ^"Court of Appeal Act 2014 (Establishment Day) Order 2014".Irish Statute Book. Office of the Attorney General. 21 October 2014.Archived from the original on 29 October 2014. Retrieved24 March 2015.
  7. ^ab"Appointments to the Court of Appeal".MerrionStreet.ie. 29 October 2014.Archived from the original on 3 March 2016. Retrieved24 March 2015.
  8. ^"President appoints Appeal Court Judges".Áras an Uachtaráin. 28 October 2014. Archived fromthe original on 29 October 2014.
  9. ^"Appointment to the Court of Appeal".MerrionStreet.ie. 11 November 2014.Archived from the original on 4 March 2016. Retrieved24 March 2015.
  10. ^"President appoints Mr Justice John Edwards as Appeal Court Judge".Áras an Uachtaráin. 2 December 2014.[permanent dead link]
  11. ^"258 cases transferred to new Court of Appeal".RTÉ News. 28 October 2014.Archived from the original on 29 October 2014. Retrieved29 October 2014.
  12. ^abc"Court of Appeal President warns court close to being overwhelmed".RTÉ.ie. 26 October 2017.Archived from the original on 26 October 2017. Retrieved26 October 2017.
  13. ^"Bederev -v- Ireland & ors".Judgments. Courts Service of Ireland. [2015] IECA 38.Archived from the original on 2 April 2015. Retrieved24 March 2015.
  14. ^"Misuse of Drugs (Amendment) Bill 2015 (Number 21 of 2015)".Bills. Oireachtas.Archived from the original on 22 March 2015. Retrieved24 March 2015.
  15. ^McDonald, Henry (10 March 2015)."Irish Es are smiling – ecstasy and other drugs temporarily legal in Ireland".The Guardian. London.Archived from the original on 16 March 2015. Retrieved24 March 2015.
  16. ^Minihan, Mary (14 March 2015)."Give Me a Crash Course In . . . the temporary legalisation of ecstasy".The Irish Times.Archived from the original on 15 March 2015. Retrieved24 March 2015.Media outlets all over the world picked up on the unusual development.
  17. ^abGallagher, Conor (19 September 2016)."Court of Appeal backlog 'could take over a decade to clear'".The Irish Times.Archived from the original on 20 September 2016. Retrieved19 September 2016.
  18. ^O'Donnell, Orla (4 March 2019)."Wait for Supreme Court to hear appeals falls to a year".RTÉ News.Archived from the original on 4 March 2019. Retrieved4 March 2019.
  19. ^ab"Court of Appeal Act 2014, s.6".Irish Statute Book. 20 July 2014.Archived from the original on 31 October 2017. Retrieved16 January 2016.
  20. ^"Courts Act 2019: Section 1, Amendment of section 1A of Courts (Establishment and Constitution) Act 1961".Irish Statute Book. 23 July 2019. Retrieved23 December 2019.
  21. ^"The Judges".Courts Service.Archived from the original on 16 September 2020. Retrieved22 September 2020.

External links

[edit]
Irish Statute Book
Courts Service of Ireland
British and Irish Legal Information Institute (BAILII)
Courts
Current
Former
Justices
Current
Former
Law Officers
Current
Former
Buildings
Current
Former
Retrieved from "https://en.wikipedia.org/w/index.php?title=Court_of_Appeal_(Ireland)&oldid=1283952936"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2026 Movatter.jp