Supreme Court of Ireland - Sharing of Sovereignty

Sharing of Sovereignty

Today the Supreme Court shares its authority with two supra-national courts: the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). In matters relating to the correct interpretation of European Union law, decisions of the ECJ take precedence over those of the Irish Supreme Court. The relationship between the Irish Courts and the ECHR is more complicated as the European Convention on Human Rights only enjoys interpretative, sub-constitutional status in the Republic. Acts of the Oireachtas, when possible, are to be interpreted in line with the Convention, but the Convention must give way both to clear legislative intent and to any countermanding requirement of the Constitution; and convention provisions cannot be relied upon as separate causes of action.

Supreme Court decisions cannot be appealed, as such, to either court. The ECJ hears cases referred to it by the Irish Courts by way of Case Stated and while unsuccessful litigants before the Supreme Court can apply to the ECHR, the latter court's decision does not have the effect of voiding the Supreme Court's decision. Decisions of the ECHR do not automatically override Irish law and may require legislation or perhaps even a constitutional referendum to be implemented in full.