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Guide to Foreign and International Legal Citations - New York ...

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support of the majority of the House of Representatives, the result is either the dissolution of the<br />

House of Representatives <strong>and</strong> a general election, or the formation of a successor Government.<br />

Judicial power is vested in public courts established by law. Judges are appointed by the<br />

President on the advice of the Government. The courts consist of the following: The court of<br />

first instance is the District Court (an Chuirt Duiche), which hears minor cases. More serious<br />

cases are heard in the Circuit Court (an Chuirt Chuarda). The High Court (an Ard-Chuirt) has<br />

full original jurisdiction in <strong>and</strong> power <strong>to</strong> determine all matters <strong>and</strong> questions, whether of law or<br />

fact, civil or criminal. When exercising its criminal jurisdiction, the High Court is known as the<br />

Central Criminal Court. The jurisdiction of the High Court extends <strong>to</strong> the question of the<br />

constitutional validity of any law (except laws which the President has already referred <strong>to</strong> the<br />

Supreme Court) <strong>and</strong> no such question may be raised in any court other than the High Court or the<br />

Supreme Court. The High Court also hears appeals from decisions of the Circuit Court in civil<br />

matters. The High Court also has power <strong>to</strong> review the decisions of all inferior tribunals by the<br />

issue of prerogative orders of m<strong>and</strong>amus, prohibition <strong>and</strong> certiorari.<br />

The Supreme Court (an Chuirt Uachtarach) consists of the Chief Justice (who is exofficio<br />

an additional judge of the High Court) <strong>and</strong> 7 ordinary judges. The Supreme Court has<br />

final appellate jurisdiction. The Supreme Court also has original jurisdiction <strong>to</strong> decide whether a<br />

bill referred <strong>to</strong> it by the President is repugnant <strong>to</strong> the Constitution. If a question of the permanent<br />

incapacity of the President arises, it is decided by the Supreme Court.<br />

Internet Resources:<br />

88<br />

Government of Irel<strong>and</strong><br />

http://www.irlgov.ie<br />

Irish Law Site at UCC<br />

http://www.ucc.ie/ucc/depts/law/irishlaw<br />

Courts Service of Irel<strong>and</strong><br />

http://www.courts.ie<br />

II. CITATION GUIDE<br />

1.0 Constitution<br />

Cite the Constitution by title (either in English, “Constitution of Irel<strong>and</strong>, 1937”, or in Irish,<br />

“Bunreacht na Éireann, 1937”), preceded or followed by “Art.” or “Article” <strong>and</strong> article number:<br />

Art. 2, Constitution of Irel<strong>and</strong>, 1937.<br />

Constitution of Irel<strong>and</strong>, 1937, Article 40.1.<br />

The “Constitution of the Irish Free State, 1922” (Bunreacht na Saorstát Éireann) may be cited<br />

for the previous Irish Constitution (1922-1937).<br />

2.0 Legislation<br />

Cite acts by title <strong>and</strong> year, followed by “Section”, “s.” or “Sec.” <strong>and</strong> section referenced (if<br />

appropriate):

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