Courts of Justice Act 1924
Encyclopedia
The Courts of Justice Act, 1924 was an Act of the Oireachtas that established the courts system of the Irish Free State
pursuant to the Constitution of the Irish Free State
. Amongst these courts was the Supreme Court of the Irish Free State
, and the first Chief Justice of the Irish Free State was appointed on foot of the act.
The long title
of the act:
At the same time, the Dail Courts
system authorised in 1919-20 was wound up in two acts of 1923 and 1925.
A new constitution, the Constitution of Ireland
was enacted in 1937; however it was not until 1961 that the new courts system called for in the 1937 constitution was established.
The offices of justice of the peace
and resident magistrate
were permanently abolished. There would no longer be any lay magistrates in the Irish Free State and all judges would be legally trained and full-time. The lay office of peace commissioner
was created to exercise some of the functions of magistrates, but they could no longer sit in the District Court.
All criminal prosecutions would now take place in the name of the People at the suit of the Attorney General
, rather than The King
as had previously been the case.
. When the Courts Act 1961 established the new courts envisaged by the Constitution of Ireland
, it merely re-established all the existing courts (removing the "of Justice" from their names to disambiguate) with the same jurisdictions as before.
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
pursuant to the Constitution of the Irish Free State
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
. Amongst these courts was the Supreme Court of the Irish Free State
Supreme Court of the Irish Free State
The Supreme Court of the Irish Free State was the state's Court of Final Appeal. It was created in Article 64 of the Irish Free State Constitution. It was presided over by a Chief Justice...
, and the first Chief Justice of the Irish Free State was appointed on foot of the act.
The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the act:
- AN ACT FOR THE ESTABLISHMENT OF COURTS OF JUSTICE PURSUANT TO THE CONSTITUTION OF SAORSTAT EIREANN AND FOR PURPOSES RELATING TO THE BETTER ADMINISTRATION OF JUSTICE.
At the same time, the Dail Courts
Dáil Courts
During the Irish War of Independence, the Dáil Courts were the judicial branch of government of the short-lived Irish Republic. They were formally established by a decree of the First Dáil Éireann on 29 June 1920, replacing more limited Arbitration Courts that had been authorised a year earlier...
system authorised in 1919-20 was wound up in two acts of 1923 and 1925.
A new constitution, the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
was enacted in 1937; however it was not until 1961 that the new courts system called for in the 1937 constitution was established.
Changes under the act
All of the courts sitting in the Irish Free State at the time were abolished by the Act and new courts took their place:- The Court of Appeal was replaced by the Supreme Court of JusticeSupreme Court (Ireland)The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
and a Court of Criminal AppealCourt of Criminal AppealThe Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See Court of Criminal Appeal ...
. There remained for the time being an avenue of appeal from the Supreme Court to the Judicial Committee of the Privy CouncilJudicial Committee of the Privy CouncilThe Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. - The High Court of JusticeHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
was replaced by a new court with the same name and similar jurisdiction. However, the new court was no longer divided into divisions (Queens Bench, Chancery etc.) as had previously been the case. The President of the High Court replaced the Lord Chief Justice of IrelandLord Chief Justice of Irelandthumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
as chief judge of this court. - Sittings of the High Court on Circuit replaced the AssizesAssizes (Ireland)The Courts of Assizes or Assizes were the higher criminal court in Ireland outside Dublin prior to 1924 . They have now been abolished in both jurisdictions.-Jurisdiction:...
. - The jurisdiction of Quarter SessionsQuarter SessionsThe Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
and the County CourtCounty CourtA county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
was merged into a single Circuit Court of JusticeCircuit Court (Ireland)The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
. - The jurisdiction of the temporary District Justices and the divisional magistrates of the Dublin Metropolitan PoliceDublin Metropolitan PoliceThe Dublin Metropolitan Police was the police force of Dublin, Ireland, from 1836 to 1925, when it amalgamated into the new Garda Síochána.-19th century:...
Court was merged into a single District Court of JusticeDistrict Court (Ireland)The District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications...
, which could also try minor civil matters. The temporary District Justices had been introduced in 1923 to replace Petty Sessions, which had not been held in most of what became the Irish Free State due to the War of IndependenceIrish War of IndependenceThe Irish War of Independence , Anglo-Irish War, Black and Tan War, or Tan War was a guerrilla war mounted by the Irish Republican Army against the British government and its forces in Ireland. It began in January 1919, following the Irish Republic's declaration of independence. Both sides agreed...
.
The offices of justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
and resident magistrate
Resident Magistrate
A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM, it refers to suitably qualified personnel - notably well versed in the law - brought into an area from outside as the local magistrate,...
were permanently abolished. There would no longer be any lay magistrates in the Irish Free State and all judges would be legally trained and full-time. The lay office of peace commissioner
Peace Commissioner
Peace Commissioner is discretionary appointment in Ireland by the Minister for Justice, Equality and Law Reform. The title replaced Justice of the Peace in 1923. Peace commissioners are primarily used to witness signatures on documents, take statutory declarations and sign certificates and orders....
was created to exercise some of the functions of magistrates, but they could no longer sit in the District Court.
All criminal prosecutions would now take place in the name of the People at the suit of the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, rather than The King
British monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
as had previously been the case.
Replacement
The Courts system established by the 1924 act has remained largely unchanged save for the addition of the Special Criminal CourtSpecial Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...
. When the Courts Act 1961 established the new courts envisaged by the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, it merely re-established all the existing courts (removing the "of Justice" from their names to disambiguate) with the same jurisdictions as before.
See also
- Courts of the Republic of IrelandCourts of the Republic of IrelandThe Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
- Lord GlenavyJames Campbell, 1st Baron GlenavyJames Henry Mussen Campbell, 1st Baron Glenavy PC was an Irish lawyer, politician in the Parliament of the United Kingdom of Great Britain and Ireland and later in the Oireachtas of the Irish Free State...
- Dail Courts#Winding up