Irish Supreme Court: Historical and Comparative Perspectives

This book tells the story of the Supreme Court of Ireland from its establishment in 1924 to the present day. It explores its constitutional role, its contribution to Irish public and private law more generally, its view on the status and legal system of Northern Ireland, and its interaction with EU and ECHR law.

Format: Hardback
Length: 416 pages
Publication date: 05 February 2019
Publisher: Oxford University Press

This comprehensive book delves into the rich jurisprudence of the Supreme Court of Ireland since its establishment in 1924. It provides a detailed account of the origins of the Court, its operations during the Irish Free State era (1922-1937), and its evolution under Ireland's 1937 Constitution, particularly after the re-creation of the Court in 1961. Moreover, the book explores various fields of law, including constitutional law, the status and legal system of Northern Ireland, administrative law, criminal justice, and personal and family law. Additionally, it examines the Supreme Court's interactions with European Union law and the European Convention on Human Rights.

Throughout the text, a central argument emerges: while the Court has been graced by many talented judges who have demonstrated a commendable degree of judicial activism, there exist several legal domains where the Court's jurisprudence could have been more developed, clear, and imaginative. In some instances, undue conservatism and deference have been observed. For many years, the Court's performance was hindered by an overwhelming workload, stemming from its inability to manage the volume of appeals it received. However, the establishment of a new Court of Appeal in 2014 has provided the Supreme Court with the opportunity to adopt a more analogous approach to that of supreme courts in other common law countries.

The future of the Supreme Court looks promising, with a bright outlook for continued growth and development in its jurisprudence. The Court's commitment to upholding the rule of law and ensuring the protection of individual rights remains unwavering, and with the resources and support necessary to address emerging legal challenges, it is well-positioned to remain a pivotal institution in Ireland's legal landscape.

Weight: 888g
Dimension: 181 x 253 x 30 (mm)
ISBN-13: 9780198793731