4 The Jurisdiction of the Supreme Court

This chapter focuses on explaining the kinds of cases which Ireland’s Supreme Court is authorised to deal with and how it has had very little choice over which cases are brought to it. It analyses relevant legislative provisions, some of which date back to 1924. The relationship between the Supreme Court and the Court of Criminal Appeal is covered, as are the reasons for the rise in the Supreme Court’s workload since the 1990s. The history of reform proposals is set out and the impact of the new Court of Appeal is considered. The chapter also examines the point that pre-1922 legislation is presumed to continue to apply in Ireland unless Parliament has changed it and shows how the Supreme Court has been careful to ensure that people other than judges do not exercise what is in effect a judicial function. The ‘non-justiciable’ principle is also considered.