On the course and in the Constitution
On the course: CSPE strand 3 asks how laws are enforced, and Leaving Cert Politics and Society topic 2 asks for the judicial branch beside the Government and the Oireachtas.
The courts are the judicial branch. Articles 34 to 37 of the Constitution say that justice is administered in courts established by law, by judges. That places the judiciary beside the Oireachtas and the Government in the constitutional map.Read how the three branches fit together.
The court ladder
Start with the ladder before any case notes. Each court has a job, and most decisions can be appealed one step up.
Common assumption: An appeal is always a completely new trial.
In fact: An appeal court reviews a decision under the rules for that appeal; it does not automatically hear every case from scratch.
Common assumption: Judicial review asks whether a judge prefers a different policy.
In fact: It asks whether a public body acted lawfully and followed fair procedures, not whether the court prefers its decision.
| Court | What it does | Appeal goes to |
|---|---|---|
| District Court | Lowest court. Less serious criminal cases, and civil claims under a money limit set by law. | Circuit Court |
| Circuit Court | Appeals from the District Court, plus more serious civil and criminal cases. Serious criminal trials are before a judge and jury unless the case goes to the Central Criminal Court. | High Court (civil) or Court of Appeal (criminal) |
| High Court | Full original jurisdiction: it can hear any case. Judicial review applications start here. | Court of Appeal |
| Court of Appeal | Hears appeals from the High Court and the Circuit Court. Created after the 2013 referendum; sat from 2014. | Supreme Court |
| Supreme Court | Final court of appeal. The President can refer a Bill to it under Article 26 before signing. | None |
Civil money limits change by statute. Do not memorise a euro figure from a textbook that may be out of date. Check the current limit on the Courts Service site.Courts Service: explore the courts.
District Court and Circuit Court
The District Court is the lowest court. It hears criminal cases of a less serious kind, and civil claims under a money limit set by law. Family, licensing and many everyday disputes also start here.
The Circuit Court is the next level. It hears appeals from the District Court and more serious civil and criminal cases. Serious criminal cases are tried in the Circuit Court before a judge and jury, unless they go to the Central Criminal Court.
High Court and serious crime
The High Court has full original jurisdiction. It can hear any case. Judicial review lives here: a person can ask the High Court whether a Minister or another public body stayed within the law.
The Central Criminal Court is the High Court dealing with certain serious crimes such as murder.
The Special Criminal Court exists for particular offences set out in law.
Court of Appeal and Supreme Court
The Court of Appeal was created after the 2013 referendum and sat from 2014. It hears appeals from the High Court and the Circuit Court.
The Supreme Court is the final court of appeal. Under Article 26, the President can refer a Bill to the Supreme Court before signing it, to test whether the Bill is constitutional.See how a Bill becomes law.
Who decides the verdict
Judges are independent. The Oireachtas makes the law. The Government does not decide the verdict.