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Ireland

Courts (Establishment and Constitution) Act, 1961

In short

This law establishes and defines the structure of the main courts in Ireland, including the Supreme Court, High Court, Court of Criminal Appeal, Circuit Court, and District Court. It also outlines how judicial positions are filled and vacated, and formally disestablishes older courts.

What it regulates

  • The establishment and constitution of the Supreme Court, High Court, Court of Criminal Appeal, Circuit Court, and District Court.
  • The composition of these courts, including the number and titles of judges.
  • The process for judges to resign or be appointed to new judicial offices.
  • The disestablishment of courts mentioned in Article 58 of the Constitution and the abolition of their judicial offices.

Who it concerns

  • Judges and justices of the Irish court system.
  • The Oireachtas, which fixes the number of judges for various courts.

Key points

  • The Supreme Court is the Court of Final Appeal and is constituted by the Chief Justice and not less than four ordinary judges.
  • The High Court is a Court of First Instance, constituted by its President and a number of ordinary judges.
  • The Court of Criminal Appeal is constituted by not less than three judges for hearing appeals, including the Chief Justice or a nominated Supreme Court judge, and High Court judges.
  • Judicial offices can be vacated by written resignation to the President or by appointment to another judicial office with consent.
Legal text
Legal text

Courts (Establishment and Constitution) Act, 1961 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1961 Courts (Establishment and Constitution) Act, 1961 Courts (Establishment and Constitution) Act, 1961 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 38 of 1961. COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961. ARRANGEMENT OF SECTIONS Section 1. Establishment and constitution of the Supreme Court. 2. Establishment and constitution of the High Court. 3. Establishment and constitution of the Court of Criminal Appeal. 4. Establishment and constitution of the Circuit Court. 5. Establishment and constitution of the District Court. 6. Vacation of judicial office and filling of vacancy. 7. Cesser of exercise of jurisdiction by courts mentioned in Article 58 of the Constitution, disestablishment of those courts and abolition of offices of judges and justices thereof. 8. Short title and commencement. Number 38 of 1961. COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961. AN ACT TO ESTABLISH, IN PURSUANCE OF ARTICLE 34 OF THE CONSTITUTION, A COURT OF FINAL APPEAL, THE COURT OF CRIMINAL APPEAL AND COURTS OF FIRST INSTANCE, TO SPECIFY THE CONSTITUTION OF THOSE COURTS, TO PROVIDE FOR THE VACATION OF JUDICIAL OFFICES AND THE FILLING OF VACANCIES THEREIN, AND, IN PURSUANCE OF ARTICLE 58 OF THE CONSTITUTION, TO DISESTABLISH THE SEVERAL COURTS OF JUSTICE MENTIONED IN THAT ARTICLE AND TO ABOLISH THE OFFICES OF THE JUDGES AND JUSTICES THEREOF. [16th August, 1961.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Establishment and constitution of the Supreme Court. 1.—

(1)On the commencement of this Act, the Court of Final Appeal, which in pursuance of Article 34 of the Constitution is to be called An Chúirt Uachtarach (The Supreme Court), shall stand established.
(2)The Supreme Court shall be constituted of the following judges— (
  1. a)the president thereof, namely, An Príomh-Bhreitheamh (The Chief Justice), and (
  2. b)such number (not being less than four) of ordinary judges (each of whom shall be styled “Breitheamh den Chúirt Uachtarach” (“Judge of the Supreme Court”)) as may from time to time be fixed by Act of the Oireachtas.
(3)The President of the High Court shall be ex officio an additional judge of the Supreme Court.
(4)Where, owing to the illness of a judge of the Supreme Court or for any other reason, a sufficient number of judges of the Supreme Court is not available for the transaction of the business of that Court, the Chief Justice may request any ordinary judge or judges of the High Court to sit on the hearing of any appeal to or other matter cognisable by the Supreme Court, and any judge so requested shall sit on the hearing of such appeal or other matter and be an additional judge of the Supreme Court for such appeal or other matter. Establishment and constitution of the High Court. 2.—
(1)On the commencement of this Act, the Court of First Instance referred to in Article 34 of the Constitution as An Ard-Chúirt (The High Court) shall stand established.
(2)The High Court shall be constituted of the following judges— (
  1. a)the president thereof, who shall be styled “Uachtarán na hArd-Chúirte” (“The President of the High Court”), and (
  2. b)such number of ordinary judges (each of whom shall be styled “Breitheamh den Ard-Chúirt” (“Judge of the High Court”)) as may from time to time be fixed by Act of the Oireachtas.
(3)The Chief Justice shall be ex officio an additional judge of the High Court.
(4)The President of the Circuit Court shall be ex officio an additional judge of the High Court.
(5)(
  1. a)Where, owing to the illness of a judge of the High Court or for any other reason, a sufficient number of judges of the High Court is not available for the transaction of the business of that Court or, on account of the volume of business to be transacted in the High Court or for any other reason arising from the state of business in that Court, it is expedient to increase temporarily the number of judges available for the purposes of the High Court, the Chief Justice, at the request of the President of the High Court, may request any ordinary judge of the Supreme Court to sit in the High Court as an additional judge thereof, and every ordinary judge of the Supreme Court so requested shall sit in the High Court. (
  2. b)Whenever an ordinary judge of the Supreme Court sits in the High Court in pursuance of this subsection, he shall be an additional judge of the High Court for all the purposes of that Court. Establishment and constitution of the Court of Criminal Appeal. 3.—
(1)On the commencement of this Act, a Court of Appeal, which shall be called An Chúirt Achomhairc Choiriúil (The Court of Criminal Appeal), shall stand established.
(2)For the purpose of hearing and determining any particular appeal cognisable by the Court of Criminal Appeal, the Court of Criminal Appeal shall be summoned in accordance with directions to be given by the Chief Justice, and the Court shall be duly constituted if it consists of not less than three judges— (
  1. a)of whom one shall be either— (
  2. i)the Chief Justice, or (
  3. ii)an ordinary judge of the Supreme Court nominated by the Chief Justice, and (
  4. b)of whom the other two shall be either— (
  5. i)two ordinary judges of the High Court nominated by the Chief Justice, or (
  6. ii)the President of the High Court, if nominated by the Chief Justice and willing to act, and one ordinary judge of the High Court nominated by the Chief Justice, but any other available judge or judges of the Supreme Court or the High Court may, at the request of the Chief Justice, attend as a member or members of the Court. Establishment and constitution of the Circuit Court. 4.—
(1)On the commencement of this Act, a Court of First Instance, which shall be called An Chúirt Chuarda (The Circuit Court) shall stand established.
(2)The Circuit Court shall be constituted of the following judges— (
  1. a)a judge, who shall be styled “Uachtarán na Cúirte Cuarda” (“The President of the Circuit Court”), and (
  2. b)such number of ordinary judges (each of whom shall be styled “Breitheamh den Chúirt Chuarda” (“Judge of the Circuit Court”)) as may from time to time be fixed by Act of the Oireachtas. Establishment and constitution of the District Court. 5.—
(1)On the commencement of this Act, a Court of First Instance, which shall be called An Chúirt Dúiche (The District Court), shall stand established.
(2)The District Court shall be constituted of the following judges— (
  1. a)a judge who shall be styled “Uachtarán na Cúirte Dúiche” (“The President of the District Court”), and (
  2. b)such number of other judges (each of whom shall be styled “Breitheamh den Chúirt Dúiche” (“Justice of the District Court”)) as may from time to time be fixed by Act of the Oireachtas. Vacation of judicial office and filling of vacancy. 6.—
(1)In this section, the expression “judicial office” means an office being— (
  1. a)the office of Chief Justice, President of the High Court, ordinary judge of the Supreme Court, ordinary judge of the High Court, President of the Circuit Court or ordinary judge of the Circuit Court, or (
  2. b)the office of President of the District Court or justice of the District Court.
(2)A judicial office held by any person may be vacated by resignation in writing under his hand addressed to the President and transmitted to the Taoiseach.
(3)A judicial office held by any person shall be vacated by his being appointed, with his consent, to another judicial office.
(4)The office held by each person who, immediately before the commencement of this Act, was a judge or justice of any of the courts of justice mentioned in Article 58 of the Constitution shall be vacated by his being appointed, with his consent, to a judicial office.
(5)Each of the following Courts, namely, the Supreme Court, the High Court and the Circuit Court, shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of that Court.
(6)The District Court shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of President or any justice thereof.
(7)Where a vacancy occurs in a judicial office, a person may be appointed to fill the vacancy. Cesser of exercise of jurisdiction by courts mentioned in Article 58 of the Constitution, disestablishment of those courts and abolition of offices of judges and justices thereof. 7.—
(1)In this section, the expression “the existing courts” means the several courts of justice mentioned in Article 58 of the Constitution.
(2)The existing courts shall, on the commencement of this Act, cease to exercise any jurisdiction.
(3)When every person who immediately before the commencement of this Act held the office of judge or justice of any of the existing courts has vacated that office— (
  1. a)the existing courts shall cease to be established, (
  2. b)every such office shall stand abolished. Short title and commencement. 8.—
(1)This Act may be cited as the Courts (Establishment and Constitution) Act, 1961.
(2)This Act shall come into operation on such date as may be fixed therefor by order of the Government. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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