Composition of the Court

The Supreme Court is composed of the Chief Justice of Ireland, who is President of the Court, and nine ordinary Judges. In addition the President of the Court of Appeal is ex officio a member of the Supreme Court. The President of the High Court is also an ex officio member of the Supreme Court.

The Court usually sits with a composition of three or five Judges and, exceptionally, seven Judges. When hearing cases concerning the constitutional validity of an Act of the Oireachtas (parliament) the Constitution requires that the Court consists of a minimum of five Judges. This requirement also applies when the Court is requested to give an opinion on the constitutional validity of a Bill adopted by the Oireachtas when referred to it by the President of Ireland under Article 26 of the Constitution. A minimum of five Judges is also required should the Court have to determine, pursuant to Article 12 of the Constitution, whether the President has become permanently incapacitated.

In addition to those cases in which it is required by the Constitution, a court composed of five Judges, or exceptionally seven Judges, will sit for appeals involving questions of law of particular importance or complexity. Where an insufficient number of Judges of the Supreme Court are available the Chief Justice may request any ordinary Judge of the High Court to sit as a member of the Supreme Court for the hearing of a particular appeal.

Interlocutory applications and procedural matters or issues may be determined by the Chief Justice sitting alone or another judge of the Supreme Court nominated by the Chief Justice.

Order of Precedence among the Judges

The Courts of Justice Act 1924, as amended, provides for the order of precedence between judges of the Supreme Court as follows:

 (i) the Chief Justice;                                                
 (ii) the President of the Court of Appeal;
 (iii) the President of the High Court;
 (iv) the Judges of the Supreme Court who are former Chief Justice each according to priority of his or her appointment as Chief Justice;

 

 (v) the other Judges of the Supreme Court each according to priority of appointment as an ordinary Judge of the Supreme Court;                                             
 (vi) the Judges of the Court of Appeal who are ex officio Judges of the Supreme Court (being former Presidents of the Court of Appeal or of the High Court) each according to priority of his or her appointment as President of the Court of Appeal or of the High Court respectively;
(vii) the Judges of the High Court who are ex officio Judges of the Supreme Court (being former Presidents of the High Court), each according to priority of his or her appointment as President of the High Court.