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This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.
This book investigates the historical development and jurisprudential evolution of the Supreme Court of Ireland from its inception in 1924 to the present day. Brice Dickson, a distinguished legal scholar, utilizes archival records, constitutional analysis, and comparative legal frameworks to evaluate the Court's performance. The author argues that while the institution has benefited from periods of judicial activism, it has frequently been constrained by institutional conservatism and an overwhelming appellate workload that was only recently mitigated by the 2014 establishment of a Court of Appeal.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a definitive historical account of the Irish judiciary's institutional growth. Experts highlight the text for its balanced critique of the Court's transition from an overburdened appellate body to a more focused supreme court.
Page Count:
409
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
0192512471
ISBN-13:
9780192512475
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