Courts of Ireland

The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. There are three sources of law in Ireland: the Constitution, statutory law and the common law. Under common law, trials for serious offences must usually be held before a jury. Except in exceptional circumstances, court hearings must occur in public. The High Court, the Court of Appeal, and the Supreme Court have authority, by means of judicial review, to determine the compatibility of the common law and statute law with the Constitution. Similarly, the courts may determine the compatibility of the common law with statute law.

The current system of courts is provided for in Article 34 of the Constitution of Ireland of 1937. However, it was not until the Courts (Establishment and Constitution) Act 1961 became law that this system took effect. Between 1937 and 1961 the courts provided for by the Constitution of the Irish Free State and the Courts of Justice Act 1924 continued their work under the Transitory Provisions of the Constitution of 1937, in which Articles 34 to 37 deal with the administration of justice generally.

The Courts Service Act 1998 created the Courts Service to manage the courts and associated property, and provide assistance and facilities to their users, including judges. The Courts Service also provides information to the public. The Board of the Courts Service, which oversees policy formulation and implementation, is headed by a Chief Executive Officer. Judges of the courts are independent of the service in their judicial functions and are in that capacity paid by the state and not the service.

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