The Role of Superior Court Judges Essay

3197 Words 13 Pages
The Role of Superior Court Judges

INTRODUCTION:

Law is one part of a set of processes, social, political, economic and cultural, which shape and direct the development of society. Like all other mechanisms the law seeks to govern human behaviour. The Irish law system belongs to common law systems established in England by the Norman's. This type of law responded to actual rather than anticipated problems. In contrast the law in the civil system is contained in comprehensive codes which are enacted by legislators and which attempt to provide for every legal contingency. Case law or 'la jurisprudence' has lesser significance and lacks the quality of enjoying in the force of law.

Sources of law include Common law,
…show more content…
By mentioning these it has shown that these courts have special status. These courts are the highest courts in the land with the Supreme Court being the court of final appeal.

Up until 1961 the courts in operation were 'transitory' courts under Article 58 of the Constitution. After the state[Killian] versus Minister for Finance[1954 IR207]the courts[establishment and Constitution]act 1961 was passed to regularize the position and 'establish' the court system envisaged by Article 34.1. This system remains in existence today and is where Judges operate under.

Political Aspects.
Under the Constitution the judicial function is the third organ of government and consists of the interpretation of the Constitution and the law and its application by rule or discretion to disputes which arise between the State and the individual, and between individual and another individual. Justice is to be administered in courts, established by statute law, by judges appointed in the manner prescribed in the Constitution (Article. 34)
The President appoints judges of the ordinary courts. A judge cannot be a member of the Oireachtas, or hold any other position of emolument (Article. 35) and on appointment makes a constitutional declaration to 'duly and faithfully and to the best of his knowledge and power execute the office without fear or favour, affection or ill-will towards any man, and that he will uphold the Constitution and the
Open Document