IN THE MATTER OF ARTICLE 26 OF THE CONSTITUTION AND IN THE MATTER OF THE JUDICIAL APPOINTMENTS COMMISSION BILL 2022 (Approved) [2023] IESC 34 (08 December 2023)

IN THE MATTER OF ARTICLE 26 OF THE CONSTITUTION AND IN THE MATTER OF THE JUDICIAL APPOINTMENTS COMMISSION BILL 2022 (Approved) [2023] IESC 34 (08 December 2023)

The Court held that none of the referred sections of the Judicial Appointments Commission Bill 2022 are repugnant to the Constitution. The Bill does not impermissibly divest the executive of its constitutional role in judicial appointments, does not unconstitutionally delegate legislative power, does not infringe judicial independence, and does not violate the rule of law, equality, or privacy rights. The Oireachtas is constitutionally empowered to regulate the process and qualifications for judicial appointment, provided the essential constitutional functions and independence of the judiciary are preserved. The Bill maintains the Government's ultimate power of nomination and ensures...

Citation
[2023] IESC 34
Parties
Referrer: President of Ireland (Michael D. Higgins); Respondent: Attorney General; Applicant (assigned to Argue Repugnancy): Assigned Counsel
Jurisdiction
Ireland
Judgment Date
08 December 2023
Procedural Posture
Article 26 Reference (constitution of Ireland) / Supreme Court Decision on Constitutionality of Referred Bill Sections
Outcome
All referred sections of the Judicial Appointments Commission Bill 2022 are not repugnant to the Constitution.
Legal Topics
Separation of Powers, Judicial Independence, Rule of Law, Delegation of Legislative Power, Equality and Non Discrimination, Privacy Rights
Constitutional Law Administrative Law Judicial Appointments Separation of Powers Judicial Independence Rule of Law Delegation of Legislative Power Equality and Non Discrimination +1 more

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Parties

President of Ireland (Michael D. Higgins)

Referrer

Attorney General

Respondent

Assigned Counsel

Applicant (assigned to Argue Repugnancy)

Procedural Posture

Article 26 Reference (constitution of Ireland) / Supreme Court Decision on Constitutionality of Referred Bill Sections

Legal Issues

  1. 1 Whether the referred sections of the Judicial Appointments Commission Bill 2022 are repugnant to the Constitution, specifically regarding separation of powers, judicial independence, unconstitutional delegation of legislative power, equality, privacy, and the rule of law.

Ratio Decidendi

The Court held that none of the referred sections of the Judicial Appointments Commission Bill 2022 are repugnant to the Constitution. The Bill does not impermissibly divest the executive of its constitutional role in judicial appointments, does not unconstitutionally delegate legislative power, does not infringe judicial independence, and does not violate the rule of law, equality, or privacy rights. The Oireachtas is constitutionally empowered to regulate the process and qualifications for judicial appointment, provided the essential constitutional functions and independence of the judiciary are preserved. The Bill maintains the Government's ultimate power of nomination and ensures...

Court Disposition

All referred sections of the Judicial Appointments Commission Bill 2022 are not repugnant to the Constitution.

Orders

  • The Court pronounces that the referred sections are not repugnant to the Constitution and may be signed into law by the President.