Opinion of panel to the Chief Justice on the power to remove a Commissioners for Oaths (Approved) [2020] IESC 69 (27 November 2020)

Opinion of panel to the Chief Justice on the power to remove a Commissioners for Oaths (Approved) [2020] IESC 69 (27 November 2020)

The Chief Justice has an inherent power to remove a commissioner for oaths, as the statutory warrant of appointment is expressly 'at his pleasure' and the authority to act as commissioner is derived from and dependent on the Chief Justice's ongoing approval. There is no express statutory power of removal, but the inherent power arises from the nature of the appointment and the necessity for the Chief Justice to maintain the integrity of the office.

Citation
[2020] IESC 69
Parties
Requestor: Chief Justice of Ireland; Amicus Curiae: Law Society of Ireland
Jurisdiction
Ireland
Judgment Date
27 November 2020
Procedural Posture
Advisory Opinion / Panel Opinion to Chief Justice
Outcome
Advisory opinion issued; Chief Justice has inherent power to remove commissioner for oaths.
Legal Topics
Removal of Commissioners for Oaths, Inherent Powers of Chief Justice, Statutory Interpretation, Judicial and Administrative Functions
Administrative Law Constitutional Law Removal of Commissioners for Oaths Inherent Powers of Chief Justice Statutory Interpretation Judicial and Administrative Functions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Chief Justice of Ireland

Requestor

Law Society of Ireland

Amicus Curiae

Procedural Posture

Advisory Opinion / Panel Opinion to Chief Justice

Legal Issues

  1. 1 Does the Chief Justice have the power to remove a commissioner for oaths?
  2. 2 Is such power statutory or inherent?
  3. 3 How may such power be exercised?

Ratio Decidendi

The Chief Justice has an inherent power to remove a commissioner for oaths, as the statutory warrant of appointment is expressly 'at his pleasure' and the authority to act as commissioner is derived from and dependent on the Chief Justice's ongoing approval. There is no express statutory power of removal, but the inherent power arises from the nature of the appointment and the necessity for the Chief Justice to maintain the integrity of the office.

Court Disposition

Advisory opinion issued; Chief Justice has inherent power to remove commissioner for oaths.