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New method of appointing judges is constitutional - Supreme Court

The Judicial Appointments Bill can now be signed into law by President Higgins.
Frank Greaney
Frank Greaney

12.00 8 Dec 2023


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New method of appointing judge...

New method of appointing judges is constitutional - Supreme Court

Frank Greaney
Frank Greaney

12.00 8 Dec 2023


Share this article


The Supreme Court has ruled a bill governing the appointment of judges is constitutional. 

In October, following a consultation with the Council of State, President Michael D. Higgins declined to sign the Judicial Appointments Bill into law and referred it to the Supreme Court to test its constitutionality. 

There were concerns that the bill put too many limits on the Government’s discretion to appoint judges.

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Under the Constitution, the Government has the power to select judges but Section 51 of the bill stated that the Government must select from one of three candidates recommended for a vacancy by the Judicial Appointments Commission.

By limiting the Government’s power to potentially choose its own candidate outside of those three candidates, there was a concern that if the bill became law, it would interfere with a constitutional provision.

The Supreme Court dismissed those concerns and determined the bill is constitutional, meaning it can now be signed into law by President Higgins.

Main image: A courtroom. 


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