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The Irish Supreme Court

Historical and Comparative Perspectives

By (author) Brice Dickson
Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 5th Feb 2019
Dimensions: w 181mm h 254mm d 30mm
Weight: 874g
ISBN-10: 0198793731
ISBN-13: 9780198793731
Barcode No: 9780198793731
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Synopsis
This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

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May 26th 2019, 16:56
NEW FROM THE OXFORD UNIVERSITY PRESS:
Awesome - 10 out of 10
NEW FROM THE OXFORD UNIVERSITY PRESS:
CURRENT INSIGHTS AND PERSPECTIVES ON THE IRISH SUPREME COURT

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor of “The Barrister”

Here’s an absorbing read. It’s a study and analysis and indeed an evaluation of the Irish Supreme Court, focusing on its performance, its jurisprudence and generally, its ethos in the past ninety-four years of its existence.

The author, Professor Brice Dickson of Queens University, Belfast also offers a number of pertinent and revealing comparisons between the Irish Supreme Court and other supreme courts in other common law jurisdictions. The result is what he refers to as ‘a highly selective survey’ of the output of the Irish Supreme Court over its ninety-four-year history.

He is careful to point out that there is little reference to matters relating to private law, namely contract law, commercial law, tort law and property law (these warrant a separate study). Instead his aim is to analyze — in his words — ‘the contribution made by the Supreme Court to the development both of Irish law and of Irish nationhood.’

Some useful and fascinating historical perspectives emerge here, as well as enlightening comparisons with other supreme courts in other common law jurisdictions. These ‘apex courts’ include those of the United Kingdom, Canada, India and the United States, the latter being ‘the most studied court in the world’ having generated several giant size reference books and ‘countless’ articles in leading law journals.

As not a lot of people know this, it is worth mentioning that for almost the last fifty years, (as the author has noticed) the first of eight issues of each year’s Harvard Law Review have been devoted entirely to an overview of the previous year’s decisions by the US Supreme Court. This reflects the power of the Court, including its power to declare any Act of Congress — or that of the legislature of any individual US state — to be unconstitutional — and therefore invalid.

Also, consider the matter of the US President having the right to nominate persons to vacancies on the Court; witness the controversial appointment of one Brett Kavanagh to Court’s august precincts, a decision around which resentment still festers.
With such perspectives in mind, the author identifies four main expectations of what in his view, ‘a nation should expect from its top court.’ To summarize, they include clarity (in decision-making) fairness (`based on such considerations as justice and morality`, efficiency (in the conduct of court business) and respect. It is pointed out here that, until recently, the efficiency of the Court was severely hampered by a staggeringly heavy work load which has been alleviated by the creation in 2014 of a new Court of Appeal.

Published by OUP, the book focuses on specific areas, including constitutional law, administrative law, criminal justice, the law pertaining to family and personal life and much more. An impressive work of research and analysis, it is also eminently readable.

And as Ronan Keane remarks in the Foreword, it is certain to be welcomed by judges, counsel, solicitors, lecturers and of course, students of law at every level.

The publication date of this hardback book is cited as at 14th November 2018.
Newspapers & Magazines
An impressive work of research and analysis, it is also eminently readable. ... it is certain to be welcomed by judges, counsel, solicitors, lecturers and of course, students of law at every level. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber *