Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
It should be remembered that the High Court is established by the people in the Constitution. It is the centrepiece, subject to the right of appeal to the Supreme Court, of the judicial system. The High Court has sole and original jurisdiction under the Constitution to deal with all matters. In contemporary Irish law the High Court cannot be sued in respect of its decisions. To introduce this provision would permit it to be sued in respect of its decisions. The other courts referred to by Senators – the Circuit Court, District Court and Special Criminal Court – can all be corrected by the High Court and can be party to litigation in the context of judicial review proceedings. The High Court can ensure that they act within their jurisdiction. To introduce into Irish law the principle that a court can, on convention grounds, be sued in respect of its decisions would, in effect, revolutionise our system of jurisprudence and would be a very remarkable departure.
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