Chapters 1-4 Keenan 1 PDF

# Chapter 1: The Functions and Sources of Law ## Topics Covered * Functions of law * Sources of Irish law * Historical sources of law * Legal sources of law ## Summary This chapter examines the purpose and effect of Irish law and how that law has come into being. ## Functions of Law 1. The law...

# Chapter 1: The Functions and Sources of Law ## Topics Covered * Functions of law * Sources of Irish law * Historical sources of law * Legal sources of law ## Summary This chapter examines the purpose and effect of Irish law and how that law has come into being. ## Functions of Law 1. The law is the body of rules imposed by a State upon its members which is designed to regulate human conduct within that State. The courts interpret these rules of conduct, decide whether they have been broken and pass sentence or make an award of compensation. A certain standard of behaviour is thereby maintained among the members of the State in the interest of the common good. 2. The law is not static. It changes and develops, reflecting the values and institutions of each era. Not alone does it define and safeguard rights of property and uphold public order, but it is also used to develop the national economy and to deal with social problems. ## Sources of Irish Law 3. The term 'sources of law' is used in several different senses: * *historical sources* generally regarded as common law and equity; * *legal sources* - the means by which the law is currently brought into existence. There are five legal sources: * *legislation* (statute law) * *subordinate legislation* * *the Irish Constitution 1937* (Bunreacht na hÉireann) * *European Union law* * *judicial precedent* (interpretation of statutes) ## Historical Sources of Law 4. Irish law is a common law system derived from English law. It was implemented after a conquest which replaced the highly developed native Brehon laws. Since the foundation of the Irish Free State in 1922, however, Irish law has developed a character of its own with the coming into effect of a written Irish Constitution *Bunreacht na hÉireann* in 1937 and the enactment of different statutes. 5. Because of the similarities between the legal systems of Ireland and England, having in most areas of the law a common base, it is necessary to refer initially to the historical development of English law. ## Common Law 6. At the time of the Norman Conquest in 1066 there existed a primitive legal system based on local custom. Later, these local customs were unified into one system of law with the King at its head. A judicial system was gradually established through the justices who travelled to different parts of the realm to settle criminal and civil disputes. Although these justices at first applied the customary law of the neighbourhood, often hearing their cases with the assistance of a local jury, they developed rules of law, selected from the differing local customs which they had encountered and applied uniformly in all trials throughout. This ancient unwritten law was made common to the whole of England and Wales, and for this reason was known as 'common law' *ius commune*. The Irish generally became entitled to the benefits of the common law by 1331. 7. To commence an action before any of these courts a writ had to be obtained. This specified the ground of complaint and gave a brief summary of the facts on which the plaintiff required judgment. After a period of time it was decided that writs could only be issued in one of the established forms in order to bring a grievance before the royal courts. The fact that no new type of writ could be issued unless it was approved or developed by Parliament made the common law system very rigid and hence an inadequate way of providing justice. 8. Over the years, the common law grew into a rigid and harsh system. Rules of procedure were complex, and any minor breach of these could leave a plaintiff who had a good case without a remedy. Plaintiffs could be frustrated in civil actions, where the only remedy which the common law courts could grant was an award of damages. They could even find themselves unable to enforce a judgment given in their favour because there was no suitable common law remedy. The practice grew in such cases of dissatisfied litigants petitioning the King to exercise his prerogative power in their favour. The King, through his Chancellor, set up the Court of Chancery to deal with these petitions. # Chapter 2: The Division of Law - Civil and Criminal ## Topics Covered * Civil proceedings * Criminal proceedings * Distinction between civil and criminal wrongs ## Summary In order to fully understand the court system, it is first necessary to have an understanding of the classification of law. This chapter outlines the division of law into civil law and criminal law. ## Civil Proceedings 1. Law is the body of rules imposed by a State upon its members which is designed to regulate human conduct within that State. 2. The most fundamental distinction in the classification of law is that drawn between civil law and criminal law. The objectives of both, though closely connected, are clearly different. 3. Civil law exists to deal with civil, or private, wrongs. The object of civil law is the resolution of disputes over the rights and obligations of individuals dealing with each other. The State has no role in such disputes. It is up to injured parties to commence a civil action to seek compensation for a loss which they have suffered. 4. In most civil cases, there will be a *plaintiff* (the aggrieved party) and a *defendant* (the offending party). The plaintiff sues the defendant, and the burden of proof shifts between the two parties. A civil action must be proven on the *balance of probabilities*. 5. Civil cases use the names of the parties, the plaintiff's name being placed first, for example *Noonan v. Murphy (1987)*. In some civil cases, there will not be a plaintiff and a defendant. For example, if an application were made to the court to interpret Murphy's will, the case would be known as *Re. Murphy*. 6. Some of the many categories of civil law are: * *Contract*. This determines whether agreements made by persons have given rise to obligations which are enforceable by law. * *Tort*. This determines whether a wrong has been committed by one person against another, infringing a general duty imposed on them by law, e.g. the duty not to cause damage to a person's property, person or name. * *Commercial law*. This covers contractual matters relating to negotiable instruments, agency, sale of goods and hire purchase. * *Employment law*. This covers contractual relationships between employer and employee. 7. The general purpose of any judgment in civil proceedings is to impose a settlement on the matter, by ensuring that the injured party is compensated for any damage suffered by them. The concept of punishment does not exist. The main judicial remedies for civil wrongs are: * an award of damages; * an injunction to stop the defendant doing something (a prohibitory injunction) or to command the defendant to do something (a mandatory injunction); * an order for specific performance, where the court compels the offending party to perform their obligations under a contract; * a refusal of further performance, where there has been a breach of condition and the innocent party is relieved from further liability to perform their obligations. ## Criminal Proceedings 8. Criminal law exists to deal with criminal, or public, wrongs. It is a set of standards imposed by a society on its individuals, breaches of which incur sanctions to punish the offender. 9. Criminal proceedings are started by the State against the offender through the office of the Director of Public Prosecutions. Although most crimes have specific victims, e.g. rape, the victim does not have a say in whether a prosecution is brought. Neither does the victim benefit from a conviction, since fines are payable to the State. 10. In a criminal trial, the accused is presumed to be innocent until proven to be guilty. The prosecution (i.e. the State) must prove the accused's guilt beyond reasonable doubt. 11. The general purpose of any judgment in criminal proceedings is to punish the offender. These punishments include: * fines * imprisonment * binding of a party to keep the peace * community service orders, as an alternative to imprisonment. ## Distinction between Civil and Criminal Wrongs 12. The distinction between a civil and a criminal wrong is not found in the nature of the act or event itself, but in the legal consequences of it. 13. For example, a broken arm caused to a passenger of a taxi which has crashed is a single event which may give rise to a civil case (the passenger sues for compensation for pain and suffering caused by the wrong) and a criminal case (prosecution by the State for the offence of dangerous driving). 14. In some cases, therefore, the facts will indicate both a civil action and a criminal offence. In such cases, the victim will have to start a civil action separate from any prosecution brought by the State. The two sorts of proceedings are usually easily identified, however, since the procedures and terminology are different. # Chapter 3: Administration of Law ## Topics Covered * The courts * Personnel of the law * Legal sector reform ## Summary Having considered what law is and how it is created, it is now necessary to consider how it is enforced. This chapter explains the personnel of the law. ## The Courts 1. The law is made effective by the courts and the legal profession, supported by the State. 2. The courts conduct an investigation into the liability or non-liability of a defendant in a civil litigation, or a fair trial into the guilt or innocence of the accused in a criminal case. The courts depend on the parties in dispute to do the bulk of the work. This saves the courts from having to make a full investigation into the facts in dispute and then drawing the appropriate conclusions. 3. In civil cases, the plaintiff makes a precise claim or claims against the defendant and the latter defends the action. The plaintiff must prove the action on the balance of probabilities. This is what is known as an *adversary procedure* - the courts are only concerned with ruling on the relevant issues brought to them for settlement and decision. In criminal cases, the prosecution (the State) prepares its case precisely against the accused, and the accused attempts to counter it. The prosecution must prove the accused's guilt beyond reasonable doubt. 4. The COVID-19 pandemic restrictions regarding limited numbers in courtrooms, perspex screens, contact tracing and face masks expanded the use of technology in the courts system and expedited the mainstreaming of remote hearings. The *Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020* provides that the court may, on application of the parties or otherwise, direct that a civil hearing can proceed remotely. Many courts have been adapted to facilitate video link evidence as part of remote hearings or for individual witnesses in a physical hearing to give their evidence remotely as necessary. The Act also provides for the electronic filing and issuing of court documents. ## Personnel of the Law 5. The personnel of the law include those people other than individual litigants who are responsible for carrying out the process of law in the courts, offices and in education. ## Solicitors 6. The solicitor's profession has been regulated by the Law Society of Ireland since the nineteenth century. This controls entry to the profession, exercises disciplinary power over its members and protects the public against work by unqualified persons. Since 2019, complaints of misconduct against solicitors and barristers are handled through the *Legal Services Regulatory Authority (LSRA) *, with the most serious ending up before the *Legal Practitioners Disciplinary Tribunal (LPDT)*, which conducts hearings in public where possible. Some of the functions previously held by professional bodies have been taken over by the Authority, such as in the case of the Law Society of Ireland, which had been the professional body responsible for monitoring the conduct of solicitors. Among other functions, however, the Law Society now continues to issue practising certificates to solicitors, to regulate solicitors' professional indemnity insurance, to receive accountants' reports from firms of solicitors, and to administer compensation fund grants for clients who suffer loss due to the dishonesty of their solicitor. 7. A solicitor often carries out routine legal work for the public where there is no dispute in hand. This includes the formation of companies and partnerships, the drafting of wills and contracts, and the conveyancing of property. In addition, the solicitor carries out contentious office work, such as the preparation and/or settlement of issues in dispute. If the dispute goes to trial, the solicitor will gather the evidence, brief a barrister if necessary, conduct correspondence and attend preliminary hearings prior to the trial. 8. Solicitors are not involved exclusively in office work. A solicitor may, since 1971, also appear as an advocate without counsel's assistance. While entitled to appear before all the courts in Ireland, the solicitor tends to restrict appearance to lower courts where the special skills of the barrister may not be needed. 9. Previously solicitors were only permitted to form partnerships with other solicitors for the purposes of running a legal practice, they could advertise their professional services, and were allowed to be sued for negligence. The *Legal Services Regulation Act 2015* introduced new legal and limited liability partnerships of a solicitor or solicitors with at least one barrister, *multidisciplinary practices* with non-legal services such as tax or accounting, and regulation of advertising by the LSRA. ## Barristers 10. The barrister's profession is regulated by the Bar Council. There are two types of barrister: senior and junior counsel. A junior counsel is 'called to the Bar' in the Supreme Court by the Chief Justice. The *Legal Services Regulation Act 2015* sets out procedures for granting *Letters Patent* to both barristers and solicitors who are duly experienced and successful members of the profession, entitling them to be called to the Inner Bar and to use the title 'Senior Counsel'. 11. The barrister is first and foremost a specialist in the art of advocacy who presents a case in court, on behalf of a client, in a logical and effective manner. In some legal actions, the barrister can be essential to success because of the adversarial procedure applied in courts. The barrister also drafts legal documents, such as pleadings, and is used as an expert on matters of legal opinion. 12. Barristers cannot act directly for a client in contentious litigation without being engaged by an instructing solicitor. This is known as a 'brief' - a formal document requesting the barrister's assistance. The barrister is expected, unless there is a good reason for not doing so, to act on such a request. Fees due to the barrister have to be paid to the solicitor first before being passed on to the barrister. The *Legal Services Regulation Act 2015*, however, allows for direct access to barristers in non-contentious matters. 13. In an important court action, the solicitor will gather the evidence, but will engage a barrister to draft the pleadings, to advise on the evidence and to present the case in court. Legal professionals may now, however, in accordance with the *Legal Services Regulation Act 2015*, agree as to whether the right of audience shall be exercised by the solicitor or the barrister, or partly exercised by the solicitor and partly exercised by the barrister. 14. Previously, barristers were sole practitioners. They could only be sued for negligence regarding their case preparation, and not their in-court work. The *Legal Services Regulation Act 2015* allows for the introduction of new partnership structures, including limited liability partnerships, partnerships of barristers and partnerships of solicitors and barristers. Since 2019, the Bar of Ireland refers all queries and complaints in respect of barristers regarding inadequate service, excessive costs and misconduct to the *Legal Services Regulatory Authority (LSRA)*. ## Judges 15. The judges of all courts are formally appointed by the President on the recommendation of the government in power when a vacancy arises. The *Courts and Court Officers Act 1995* provided for the establishment of the *Judicial Appointments Advisory Board* with the function of identifying and informing the government of the suitability of persons for appointment to Circuit and District Courts, the Attorney General and nominees of the Law Society and the Bar Council, it can recommend, but not rank, seven names per vacancy to the Cabinet, which can in turn decide to reject all nominees and appoint its own candidate. Legislation for a new Judicial Appointments Commission, with the Chief Justice as chair, is being planned at the time of publication. 16. Minimum periods of experience are a prerequisite. Under the *Courts and Court Officers (Amendment) Act 2002*, appointment to the District Court or Circuit Court requires at least ten years as a practising barrister or solicitor. A judge of the District Court is automatically eligible for appointment as a judge of the Circuit Court. Appointment to the High Court and Supreme Court is open to barristers or solicitors practising for at least twelve years, and for a continuous period of not less than ten years immediately before such appointment. In 2002, Michael Peart became the first solicitor to be appointed to the High Court. 17. Judges can only be removed from office for stated misbehaviour or incapacity, and then only by means of a resolution passed by both houses of the Oireachtas. Since the foundation of the State, no judge has actually been removed from office. In 2004, a motion to impeach a Circuit Court judge was launched in Dáil Éireann. He had been acquitted on charges of possession of child pornography when a Garda raid on his home had been carried out using an out-of-date search warrant. The Supreme Court subsequently upheld a challenge by the judge against a joint committee established by Dáil Éireann to consider the evidence. However, in November 2006, facing questioning by the committee, the judge resigned on health grounds and ended the impeachment process. 18. Under Article 35.5 of the Constitution, judges' remuneration may not be reduced while in office, thereby guaranteeing their independence and preventing governments imposing lay cuts as a reprisal for judgments with which they disagree. In 2011, the twenty-ninth referendum of the Constitution to amend this to allow reductions in judicial salaries, but only in the context of a cut in pay for other public servants on similar incomes, was passed. 19. The function of the judge is to apply existing rules of law to the case before the court. The judge does not have a responsibility to investigate the total circumstances of the case. Instead, the judge must act as a neutral decision-maker, hearing facts and arguments presented by the parties, judging their merits, and applying the law accordingly. 20. Judges are capable, to a certain extent, of 'making law' through the interpretation of statutes and the doctrine of precedent. # Chapter 4: Structure of the Courts ## Topics Covered * Jurisdiction of the courts * The District Court * The Circuit Court * The High Court * The Court of Appeal * The Supreme Court * Additional courts ## Summary This chapter examines and describes the structure and jurisdiction of the courts in the Republic of Ireland. ## Jurisdiction of the Courts 1. Some courts deal only with civil cases and others only with criminal cases. Most, however, can deal with both. The jurisdiction of the courts can depend upon where the defendant lives, the type of legal problem involved, the seriousness of the offence and the amount of the claim or nature of the remedy sought. 2. The present structure of the Irish courts was first established by the *Courts of Justice Act 1924*. It now derives its authority from Article 34 of the Constitution, which states that: '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 structure of courts that exists today was formally established by the *Courts (Establishment and Constitution) Act 1961*. No longer administered by the Department of Justice, the entire courts system is now the responsibility of the *Courts Service* (an tSeirbhís Chúirteanna), an independent corporate organisation with its headquarters at Phoenix House, Smithfield, Dublin 7. 3. Based on the monetary value of particular cases, our court structure is organised on a hierarchical basis. At the bottom is the District Court, which has the narrowest jurisdiction. At the top is the Supreme Court, which is the final court of appeal. In the middle are the Circuit Court, the High Court and the Court of Criminal Appeal. ## The District Court 4. This, the lowest court within our legal system, is a unified court. It consists of (Amendment) Act 2007 provides that the number of judges of the District Court, in addition to the President, shall not be more than sixty. For the exercise of its duties, the country is divided into twenty-three districts, to each of which one judge is permanently assigned, except in the case of the Dublin Metropolitan District and Cork, where the volume of cases requires the permanent assignment of a number of judges. Generally the venue at which a case is heard depends on where an offence was committed, or where the defendant was arrested or resides or carries out their business. Each District Justice sits alone. The *Courts Act 2019* changed the retirement age of District Court judges to 70 years, aligning them with other members of the judiciary. 5. The civil jurisdiction of the District Court covers a wide range of matters. It provides a cheap and quick forum for dealing with disputes of a local or relatively minor nature. In matters of contract and tort, the court has jurisdiction under the *Courts and Civil Law (Miscellaneous Provisions) Act 2013*, provided the amount claimed does not exceed €15,000. It can grant nightclub and liquor licences, give maintenance orders in family disputes and handle minor landlord-tenant disputes. 6. The District Court's *small claims procedure* is an alternative way of commencing and dealing with civil actions in respect of claims for faulty goods, bad workmanship or minor damages to property that do not exceed €2,000. Some of the main complaints relate to package holidays, cars and electrical goods. Excluded are claims arising from hire purchase agreements, breaches of leasing agreements, debts or personal injuries. The Small Claims Court attempts to handle consumer claims (and claims by one business against another) inexpensively, by not involving solicitors. It can also be used to make a claim against businesses based elsewhere in the European Union. 7. For the payment of a small application fee, a complaint form can be submitted online or at the local District Court. If the respondent contests the issue, then both parties meet with the District Court Clerk, called the Small Claims Registrar, to negotiate a solution. In the event of there still being no agreement, the case may be referred to the Small Claims Court for a full hearing, the decision of which may be appealed to the Circuit Court. The burden of proof is placed on the claimant and the standard of proof that must be established is based on the balance of probabilities that going by the evidence it is more likely or less likely that the respondent did indeed commit the alleged wrong. 8. The criminal jurisdiction of the District Court covers summary offences and certain indictable offences. In either case, the offence must be a minor one. A *summary offence* does not entitle a defendant to a trial by jury. It carries a maximum punishment of twelve months' imprisonment and/or a fine. An example would be driving a motor vehicle without insurance cover. An *indictable offence* entitles a defendant to a trial by iury. Some indictable offences are of a sufficiently minor nature, as would be the case where the maximum imprisonment for the offence is not more than two years. If the accused agrees to summary trial, the District Court can hear the case. In such cases, the maximum punishment is two years* imprisonment (i.e. two consecutive twelve-month sentences) or twelve months* imprisonment for one offence and/or a fine. An example would be serious assault. 9. In serious cases, such as murder, sexual offences and treason, the District Court may conduct a *preliminary hearing* to decide whether or not sufficient evidence exists to commit the accused for trial by jury before a higher court. ## The Circuit Court 10. This is a unified court which, in accordance with the *Courts and Court Officers (Amendment) Act 2007*, consists of a President and not more than thirty-seven ordinary judges and six specialist judges. The country is divided into eight circuits. One circuit judge is permanently assigned to each circuit, except under the provisions of the *Courts and Court Officers Act 1995*, whereby ten judges can be assigned to Dublin and three to Cork. 11. Civil cases in the Circuit Court are tried by a judge sitting without a jury. Jurisdiction is limited in compensation claims for contract and tortious wrongs to €75,000 (€60,000 for personal injury actions), unless all parties to an action consent, in which case jurisdiction is unlimited. The *Courts and Civil Law (Miscellaneous Provisions) Act 2013* extended jurisdiction in defamation actions to €75,000. Certain landlord-tenant disputes and straightforward judicial separation and divorce matters are also dealt with in this court. 12. An unsuccessful party in a District Court civil case can appeal to the Circuit Court, which will rehear the case and substitute its own decision, if different. This is final and cannot be appealed. Likewise, a defendant in a Circuit Court civil case has a right to appeal against the decision of the judge to the High Court. Finally, a Circuit Court judge may consult the Court of Appeal on points of law and must apply the decision accordingly (a 'case stated'). 13. The criminal jurisdiction of the Circuit Court covers indictable (serious) offences other than rape, aggravated sexual assault, treason, piracy and related offences. In a criminal case, the Circuit Court consists of a judge and jury. Where the accused is found guilty, the Circuit Court judge may impose a punishment up to the maximum amount permitted by statute or common law. 14. A person convicted and punished in the District Court may appeal to the Circuit Court. The judge may completely rehear the case and reach independent conclusions, and may then decrease, let stand or increase the original punishment. The judge can only increase the punishment to the maximum which the District Court could have imposed. ## The High Court 15. Article 34 of the Constitution provides: '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.' It also has exclusive jurisdiction in constitutional challenges to statutes, as well as handling cases relating to contract and other civil wrongs, succession, trusts, wardship and, in certain cases, judicial separation and divorce. 16. The High Court consists of a President, who is a judge of the Supreme Court and a member of the Council of State and, in accordance with the *Courts and Court Officers (Amendment) Act 2007*, not more than thirty-six ordinary judges. The Chief Justice, the President of the Court of Appeal and the President of the Circuit Court are ex-officio additional judges of the High Court. Normally, the High Court hears cases with the judge sitting alone, but in certain cases three judges sit together. 17. A jury may be used by the High Court in civil cases. In such cases, a vote of nine out of twelve jurors is sufficient to award a judgment. The High Court can award unlimited damages. 18. When the High Court is hearing a criminal case it is known as the *Central Criminal Court*. It tries only serious crimes such as murder, attempted murder, conspiracy to murder or rape. It also tries cases which have been transferred from the Circuit Court to avoid trial before a local jury. The High Court must use a jury in criminal cases where a plea of 'not guilty' has been made by the accused. 19. The *Commercial Court*, a division of the High Court, is a fast-track court reserved specifically for commercial cases where the claim or counterclaim exceeds €1 million. The court streamlines the preparation for trial, removes unnecessary costs, eradicates stalling tactics and ensures full pre-trial disclosure. Special application must be made to enter the Commercial List and only certain cases will be admitted. Insurance, re-insurance and intellectual property proceedings fall within the defined list, but others are permitted at the judge's discretion. Recent examples have included judicial review proceedings relating to planning permission, a tobacco company's challenge to legislation affecting tobacco advertising and a challenge to a capital gains tax charge having regard to a particular double-taxation treaty. Different rules, providing for initial directions hearings, case management conferences and pre-trial conferences, give the court maximum flexibility in the management of cases. Costs orders can be made in respect of any pleadings which contain unnecessary matter or are unnecessarily lengthy, and judges are also permitted to adjourn proceedings to direct parties to alternative dispute resolution mechanisms. 20. The High Court has a jurisdiction to give a ruling on the law as it affects the facts as stated by the District Court. The District Court, on its own behalf or on the application of one of the parties to the dispute, can submit the facts of a dispute in a formal document to the High Court. Having heard the arguments regarding the point of law, the High Court will decide upon the matter and will give an opinion and direction to the District Court, who must apply the decision accordingly. This is known as an appeal by way of 'case stated'. 21. Finally, the High Court also possesses *supervisory jurisdiction* over the inferior courts, state bodies and individuals. The High Court has power to issue an order of: * *prohibition*, to prevent a person or body from exercising a power it does not legally have; * *mandamus*, to compel a person or body to carry out a legal duty; * *certiorari*, to stop a person or body who has exceeded their legal powers; * *habeas corpus*, to require the person in custody and the detainer to attend before the High Court to explain the circumstances of, and justification for, detention. ## The Court Of Appeal 22. The *Court of Appeal Act 2014* provides for a general Court of Appeal composed of a President and nine ordinary judges, with the Chief Justice and the President of the High Court being ex-officio additional judges. The Court may sit in divisions of three, while some interlocutory and procedural applications may be heard by the President alone or by another judge nominated by the President. The *Courts (Establishment and Constitution) (Amendment) Act 2019* increases the number of ordinary judges to fifteen. 23. The Court of Appeal has jurisdiction over almost all civil proceedings from the High Court, as well as those people convicted on indictment in the Circuit Court, Central Criminal Court and Special Criminal Court (the latter being a non-jury court with three judges residing which may be set up under Part V of the *Offences Against the State Act 1939*). 24. Decisions of the Court of Appeal are final except in certain limited circumstances when the Supreme Court permits a 'leap frog' appeal under Article 34.5.3 of the Constitution as a matter of general public importance and in the interest of justice. Leave to appeal a decision of the High Court or the Court of Appeal must be sought from the Supreme Court based on papers filed before it and not by means of an oral hearing. ## The Supreme Court 25. Under Article 34 of the Constitution, the Supreme Court is the highest establishment of the Court of Appeal in 2014, the Supreme Court now functions primarily as a constitutional court and only hears appeals from the High Court or the Court of Appeal in cases that have been determined to be of general public significance or where an important aspect of the law is at issue. 26. The Supreme Court comprises the Chief Justice, who is President of the Court, and nine ordinary judges. The President of the Court of Appeal and the President of the High Court are ex-officio additional judges. While the Chief Justice or a Supreme Court judge may sit alone to hear certain interlocutory and procedural applications, this is a collegiate court that usually sits in divisions of three, five or seven judges. Two or more divisions may sit at the same time. Three judges will usually form a quorum, but the Constitution requires that a minimum of five judges constitutes a court in cases concerning the constitutional validity of an Act of the Oireachtas. 27. The Supreme Court has original jurisdiction in two cases. Under Article 26 of the Constitution, the President of Ireland may, after consulting the Council of State, refer a Bill to the Supreme Court for a decision as to its compatibility with the Constitution. Should the court decide that the Bill, or any of its provisions, is unconstitutional, it may not be signed by the President or promulgated as law. Likewise, only the Supreme Court can determine whether the President has become permanently incapacitated within the meaning of Article 12.3.1 of the Constitution. Decisions of the Supreme Court are those of the majority, with each judge in a case open to delivering a separate judgment as to whether they concur or dissent. However, where a Bill is referred to the Supreme Court by the President, a single decision is pronounced by the court and no other opinion is disclosed. 28. Finally, although the Supreme Court's decisions are beyond appeal, it shares its authority with the European Court of Justice in matters relating to the correct interpretation or application of European Union law. If there is such a doubt in a case before it, the Supreme Court can refer the question to the European Court of Justice, whose binding preliminary ruling it is obliged to implement. ## Additional Courts 29. Apart from the civil and criminal courts operating in the Republic of Ireland, there are also other courts and tribunals which are of importance. 30. Public inquiry tribunals may be established by the Oireachtas and invested with the powers, privileges and rights of the High Court, where evidence of wrongdoing might not be enough to secure a criminal conviction. Tribunals report their findings to the Oireachtas and may refer their report to the Director of Public Prosecutions. Recent examples are the Charlton Interim Reports (2018) into protected disclosures by garda whistleblowers, the Guerin Report (2014) into corruption within the Gardaí, the Murphy Report (2009) on the sexual abuse scandal in Dublin archdiocese, the Travers Report (2005) on overcharging of fees at some nursing homes, and the Lindsay Report (2002) on the infection of haemophiliacs with HIV and hepatitis C from blood products supplied by the Blood Transfusion Service Board. 31. Critics argue that tribunals are relatively toothless, may give witnesses immunity that they would not obtain from a court, allow legal representation to all parties, resulting in a higher final cost to the State than the cost of the original wrongdoing, and can actually delay difficult political decisions. 32. Administrative tribunals in Ireland act as courts in relation to taxation, social welfare benefits, planning, discrimination in employment and other administrative issues. Such tribunals are established by statute to settle disputes between individuals or between government agencies and individuals. Examples include the *Tax Appeals Commission*, the *Social Welfare Appeals Office*, *An Bord Pleanála*, the *Labour Court* and the *Workplace Relations Commission*. 33. The *Labour Court* is the sole quasi-judicial body for all disputes arising under employment, equality and equal status legislation. It consists of 13 full-time members and usually operates in four separate Divisions to ensure that cases are processed with a minimum of delay. Under the *Workplace Relations Act 2015*, first instance hearings on complaints are conducted in private by a Workplace Relations Commission adjudication officer and can be appealed to the Labour Court within forty-two days of the adjudication officer’s decision. Appeals are usually in public, with the Labour Court having wide powers to require witnesses to attend and to take evidence on oath. Although cases on appeal are heard completely afresh, no new claims can be admitted. Labour Court decisions can be appealed to the High Court, but only on a point of law, and its determination is final and conclusive. If the employer fails to comply with the adjudication officer’s or Labour Court’s decision, an application can be made to the District Court for an order directing the employer to do so. 34. The hearing and determination of employment-related disputes by the Workplace Relations Commission and the Labour Court exhibit many characteristics of the business of the courts, but they crucially lack the ability to enforce their decisions. Since this can only be done by the District Court, which retains the discretion to modify the redress ordered and can overturn an order that an employer be re-engaged or reinstated, a recent constitutional challenge to the Workplace Relations Act 2015 was unsuccessful. **Case: Zalewski v. The Workplace Relations Commission (2020)** The plaintiff took two claims for unfair dismissal and payment in lieu of notice against his former employer, both of which were dismissed by the Workplace Relations Commission. He initiated a judicial review challenge at the High Court as to the constitutionality of the Workplace Relations Commission and the potential infringement of his rights by a non-judicial body. Seeking to rely on Article 34 of the Constitution, 'Justice shall be administered in Courts established by law by judges appointed in the manner provided by this Constitution', the plaintiff argued that the Workplace Relations Commission was determining matters that should have been reserved for legally qualified and judicially appointed judges. **Held:** Although the hearing and determination of employment-related disputes is characteristic of the business of the courts, the ability of the Workplace Relations Commission to enforce decisions was missing. The plaintiff's personal constitutional rights had not been violated as the District Court retained the discretion to modify or overrule the adjudication officer's orders. 35. The advantages of administrative tribunals are that: * they specialise in a particular field, and are composed of persons such as solicitors, judges and lay persons who have a specialised knowledge and experience in the field in question; * they use more informal procedures than those familiar to courts; * they are a less expensive method of resolving a dispute than a court action; * they act more quickly than the courts, since they are able to meet by appointment when required. 36. On the other hand, the disadvantages of administrative tribunals are that: * they may not, in certain cases, give reasons for their decisions; * they may hear cases in private; * they may not permit legal representation (at the