High Court (Ireland)

It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.

The High Court is established by Article 34[1] of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution".

[2] However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Government".

In practice, this means that the judges are nominated by the government and automatically approved by the President.

By virtue of its full original jurisdiction under the Constitution, however, theoretically a civil action of any value may commence in the High Court.

Non-contentious Probate motions are heard solely by the High Court.

The High Court hears all applications for extradition, both under the European Arrest Warrant system and to non-EU member states.

This fused the administration of common law and equity in Ireland (as had been done in England several years earlier under the Judicature Acts).

However, the divisions were now completely abolished and any judge of the High Court could now hear any suit at either common law or equity.

A new office of President of the High Court was established, as the previous judicial offices (Lord Chief Justice of Ireland, Vice-Chancellor, and Master of the Rolls in Ireland) were abolished under this Act.

Judges of the High Court deal with both civil and criminal matters, and have full original jurisdiction.

The Chief Justice of Ireland is additionally an ex officio judge of the High Court.

[23] Although a barrister rather than a judge,[24][25] the master holds hearings on original jurisdiction applications.

These hearings, at which documentary evidence may be presented, are unofficially called the Master's Court.