THE COURTS.
Article 34.
- Justice shall be administered in courts established by law by judges
appointed in the manner provided by this Constitution, and, save in such
special and limited cases as may be prescribed by law, shall be
administered in public.
- The Courts shall comprise Courts of First Instance and a Court of
Final Appeal.
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- The Courts of First Instance shall include a High Court invested with
full original jurisdiction in and power to determine all matters and
questions whether of law or fact, civil or criminal.
- Save as otherwise provided by this Article, the jurisdiction of the High
Court shall extend to the question of the validity of any law having
regard to the provisions of this Constitution, and no such question
shall be raised (whether by pleading, argument or otherwise) in any
Court established under this or any other Article of this Constitution
other than the High Court or the Supreme Court.
- No Court whatever shall have jurisdiction to question the validity of a
law, or any provision of a law, the Bill for which shall have been
referred to the Supreme Court by the President under
Article 26 of this Constitution,
or to question the validity of a provision of a law where the
corresponding provision in the Bill for such law shall have been
referred to the Supreme Court by the President under the said
Article 26.
- The Courts of First Instance shall also include Courts of local and
limited jurisdiction with a right of appeal as determined by law.
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- The Court of Final Appeal shall be called the Supreme Court.
- The president of the Supreme Court shall be called the Chief Justice.
- The Supreme Court shall, with such exceptions and subject to such
regulations as may be prescribed by law, have appellate jurisdiction
from all decisions of the High Court, and shall also have appellate
jurisdiction from such decisions of other courts as may be prescribed
by law.
- No law shall be enacted excepting from the appellate jurisdiction of the
Supreme Court cases which involve questions as to the validity of any law
having regard to the provisions of this Constitution.
- The decision of the Supreme Court on a question as to the validity of a
law having regard to the provisions of this Constitution shall be
pronounced by such one of the judges of that Court as that Court shall
direct, and no other opinion on such question, whether assenting or
dissenting, shall be pronounced, nor shall the existence of any such
other opinion be disclosed.
- The decision of the Supreme Court shall in all cases be final and
conclusive.
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- Every person appointed a judge under this
Constitution shall make and subscribe the following declaration:
"In the presence of Almighty God I, do solemnly and sincerely promise
and declare that I will duly and faithfully and to the best of my
knowledge and power execute the office of Chief Justice
(or as the case may be) without fear or favour, affection or
ill-will towards any man, and that I will uphold the Constitution and
the laws. May God direct and sustain me."
- This declaration shall be made and subscribed by the Chief Justice in
the presence of the President, and by each of the other judges of the
Supreme Court, the judges of the High Court and the judges of every
other Court in the presence of the Chief Justice or the senior
available judge of the Supreme Court in open court.
- The declaration shall be made and subscribed by every judge before
entering upon his duties as such judge, and in any case not later than
ten days after the date of his appointment or such later date as may be
determined by the President.
- Any judge who declines or neglects to make such declaration as aforesaid
shall be deemed to have vacated his office.
Article 35.
- The judges of the Supreme Court, the High Court and all other Courts
established in pursuance of Article 34
hereof shall be appointed by the President.
- All judges shall be independent in the exercise of their judicial functions
and subject only to this Constitution and the law.
- No judge shall be eligible to be a member of either House of the Oireachtas
or to hold any other office or position of emolument.
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- A judge of the Supreme Court or the High Court shall not be removed from
office except for stated misbehaviour or incapacity, and then only upon
resolutions passed by Dáil Éireann and by Seanad
Éireann calling for his removal.
- The Taoiseach shall duly notify the President of any such resolutions
passed by Dáil Éireann and by Seanad Éireann, and
shall send him a copy of every such resolution certified by the
Chairman of the House of the Oireachtas by which it shall have been
passed.
- Upon receipt of such notification and of copies of such resolutions, the
President shall forthwith, by an order under his hand and Seal, remove
from office the judge to whom they relate.
- The remuneration of a judge shall not be reduced during his continuance in
office.
Article 36.
Subject to the foregoing provisions of this Constitution relating to the
Courts, the following matters shall be regulated in accordance with law, that
is to say:--
- the number of judges of the Supreme Court, and of the High Court, the
remuneration, age of retirement and pensions of such judges,
- the number of the judges of all other Courts, and their terms of
appointment, and
- the constitution and organization of the said Courts, the distribution of
jurisdiction and business among the said Courts and judges, and all
matters of procedure.
Article 37.
- Nothing in this Constitution shall operate to invalidate the exercise of
limited functions and powers of a judicial nature, in matters other than
criminal matters, by any person or body of persons duly authorised by law to
exercise such functions and powers, notwithstanding that such person or such
body of persons is not a judge or a court appointed or established as such
under this Constitution.
- No adoption of a person taking effect or expressed to take effect at any
time after the coming into operation of this Constitution under laws enacted by
the Oireachtas and being an adoption pursuant to an order made or an
authorisation given by any person or body of persons designated by those laws
to exercise such functions and powers was or shall be invalid by reason only
of the fact that such person or body of persons was not a judge or a court
appointed or established as such under this Constitution.