Supreme Court of Ireland - Judicial Review

Judicial Review

The Supreme Court exercises, in conjunction with the High Court, the power to strike down laws which are inconsistent with the constitution. The courts also grant injunctions against public bodies, private bodies and citizens to ensure compliance with the constitution. The Irish constitution explicitly provides for the judicial review of legislation. Acts passed after the coming into force of the constitution, are invalid if "repugnant" to the constitution (Article 15.4.2°), while laws in force prior to the coming into force of the constitution are invalid if "inconsistent" with the constitution (Article 50.1). The constitution also provides, under Article 26, for the judicial review of bills before they are (or would have been) signed into law. The power to refer bills is personally exercised by the President after consulting the Council of State. When the Supreme Court upholds the constitutionality of a bill referred to it under Article 26, its constitutionality can never again be questioned in any court whatsoever (Article 34.3.3°).

Supreme Court judges are normally free to deliver their own judgements, whether dissenting and concurring. However when considering the constitutionality of an Act or Bill passed after the coming into force of the constitution, only a single judgement may be delivered by the Court (Articles 34.4.5° and 26.2.2°). Dissenting and concurring are allowed for considering the constitutionality of an Act passed before the coming into force of the constitution (Article 50).