Iseult O'Malley

Last updated

The Hon. Ms Justice
Iseult O'Malley
Judge of the Supreme Court of Ireland
Assumed office
6 October 2015
Alma mater

Iseult Pauline Mary O'Malley (born 30 June 1964) is an Irish judge who has served as a Judge of the Supreme Court of Ireland since October 2015. She previously served as a Judge of the High Court from 2012 to 2015.

Contents

Early life

O'Malley was born in 1964 to Una O'Higgins O'Malley, a writer, and Eoin O'Malley, a heart surgeon. [1] [2] [3] She is a granddaughter of Kevin O'Higgins, the Minister for Justice who was assassinated in 1927. [4] She has five brothers, including Chris O'Malley. [3] [5]

She was educated at Trinity College Dublin and King's Inns. [6] She was the individual runner-up of the Irish Times Debate in 1982 and debated in the final of the Observer Mace in 1985 with David Keane. [7] [8]

She was called to the Bar in 1987, and became a Senior Counsel in 2007. [6] She practised mainly in criminal law. [9]

She was Director and Chair of the Free Legal Advice Centres (FLAC) from 1985 to 2012. [9] During her time as chairperson, the organisation campaigned for the introduction of civil legal aid. [10] She won a Person of the Year Award in 2004 for her work with FLAC. [6] She also chaired the Refugee Agency between 1993 and 1996. [11]

She was a member of the Employment Appeals Tribunal between 1995 and 1998 and concurrently served on the Hepatitis C Compensation Tribunal. [12]

She was appointed a Bencher of the King's Inns in 2012. [9]

Judicial career

She was appointed as a Judge of the High Court in 2012. [4]

She was nominated to the Supreme Court in July 2015 [13] and was appointed by the President of Ireland on 1 October 2015. [14] She made the Declaration required by the Constitution of a Justice of the Supreme Court on 6 October 2015. [15] She has delivered opinions for the court in final appeals involving criminal law, [16] contract law, [17] EU law, [18] ward of court, [19] and judicial review. [20]

Related Research Articles

The Council of State is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of their discretionary, reserve powers. It also has authority to provide for the temporary exercise of the duties of the president if these cannot be exercised by either the president or the Presidential Commission.

<span class="mw-page-title-main">Adrian Hardiman</span>

Adrian Hardiman was an Irish judge who served as a Judge of the Supreme Court from 2000 to 2016.

<span class="mw-page-title-main">Susan Denham</span> Irish judge (born 1945)

Susan Jane Denham, SC is a retired Irish judge who served as Chief Justice of Ireland from 2011 to 2017, she was the first woman to hold the position. She served as a Judge of the Supreme Court from 1992 to 2017, and was the third longest-serving member of the court on her retirement. She also served as a Judge of the High Court from 1991 to 1992.

George Bernard Francis Clarke is an Irish barrister who was Chief Justice of Ireland from July 2017 to October 2021.

The Thirtieth Amendment of the Constitution Bill 2011 was a proposed amendment to the Constitution of Ireland to provide for the Houses of the Oireachtas to conduct full inquiries. The bill was passed by both houses of the Oireachtas, but rejected at a referendum held on 27 October 2011.

The Thirty-first Amendment of the Constitution (Children) Act 2012 amended the Constitution of Ireland by inserting clauses relating to children's rights and the right and duty of the state to take child protection measures. It was passed by both Houses of the Oireachtas (parliament) on 10 October 2012, and approved at a referendum on 10 November 2012, by 58% of voters on a turnout of 33.5%. Its enactment was delayed by a High Court case challenging the conduct of the referendum. The High Court's rejection of the challenge was confirmed by the Supreme Court on 24 April 2015. It was signed into law by the President on 28 April 2015.

The Court of Appeal is a court in Ireland that sits between the High Court and Supreme Court. Its jurisdiction derives from Article 34.4. It was established in 2014, taking over the existing appellate jurisdiction of the Supreme Court in 2014 and replacing the Court of Criminal Appeal and the Courts-Martial Appeal Court. Appeals to the Supreme Court are at that Court's discretion.

Peter Mitchel Andrew Charleton is an Irish judge who has served as a Judge of the Supreme Court of Ireland since June 2014. He previously served as a Judge of the High Court from 2006 to 2014.

Peter Thomas Kelly is a retired Irish judge who served as President of the High Court from 2015 to 2020 and a Judge of the High Court from 2015 to 2020, and previously from 1996 to 2014, and a Judge of Court of Appeal from 2014 to 2015. He was an ex officio member of the Supreme Court of Ireland while President of the High Court.

Gerard William Augustine Hogan, is an Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021. He previously served as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. Hogan first worked as a barrister and lecturer in law specialising in constitutional and administrative law.

Mary Irvine is an Irish judge who was the President of the Irish High Court between 2020 and 2022. She first practiced as a barrister. She was a judge of the High Court between 2007 and 2014. She was a judge of the Court of Appeal from 2014 to 2019 and served as a judge of the Supreme Court of Ireland from May 2019 until becoming President of the High Court on 18 June 2020. She was an ex officio member of the Supreme Court and the Court of Appeal.

Charles Francis Meenan is an Irish judge who has served as a Judge of the Court of Appeal since July 2023. He previously served as a Judge of the High Court from 2017 and 2023.

Séamus Philip Woulfe is an Irish judge and lawyer who has served as a Judge of the Supreme Court of Ireland since July 2020. He previously served as Attorney General of Ireland from 2017 to 2020. Prior to holding public office, he was a barrister with a practice in the areas of commercial and public law.

Paul McDermott is an Irish judge who has served as a Judge of the High Court since June 2012.

<i>Bederev v Ireland</i> Irish Supreme Court case

Bederev v Ireland, [2016] IESC 34; [2016] 3 IR 1, [2016] 2 ILRM 340 is an Irish Supreme Court case which overturned the Court of Appeal's decision that declared s 2 (2) of the Misuse of Drugs Act 1977 unconstitutional on the grounds that it infringed on the exclusive authority of the Oireachtas to make legislation. The Court held that s 2(2) of the 1977 Act contains sufficient principles to allow the government to expand the list of controlled drugs, and is "not an abrogation of the democratic responsibility of the Oireachtas." This case is significant as it resolved the issues arising from the earlier decision of the Court of Appeal which had attracted international media attention by decriminalising certain Class A drugs, ecstasy for example, for a period of 24 hours until the Oireachtas pushed through emergency legislation.

Richard Humphreys is an Irish judge and lawyer who has served as a Judge of the High Court since October 2015. He was previously a barrister, legal academic, political adviser, and was a member of Dún Laoghaire–Rathdown County Council for the Labour Party.

Tony O'Connor is an Irish judge who has served as a Judge of the High Court since October 2015. He began his legal career as a commercial solicitor, before becoming a barrister in 1991.

Nuala Butler is an Irish judge who has served as a Judge of the Court of Appeal since October 2022. She previously served as a Judge of the High Court from 2020 to 2022.

Séamus Anthony Henchy was an Irish judge, barrister, and academic who served as a Judge of the Supreme Court of Ireland between 1972 and 1988 and a Judge of the High Court from 1962 to 1972. Many of Henchy's judgments are considered to be influential in the development of Irish constitutional law.

<i>O.R v an Tard Chlairaitheoir</i> Irish Supreme Court case

M.R. and D.R. & ors v An tArd-Chláraitheoir & ors, [2014] IESC 60 is an Irish Supreme Court case in which the Court held that the Civil Registration Act 2004 only allows the birth mother to be on the birth certificate. Thus, children born through surrogacy will have the name of their birth mother on their birth certificate and not of the genetic mother, who intends to raise them.

References

  1. ↑ "Births, Marriages and Deaths". Irish Press. 9 July 1964. p. 2.
  2. ↑ "Remembering Kevin O'Higgins and his three IRA killers". www.irishexaminer.com. 10 July 2017. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  3. 1 2 "Pioneering heart surgeon dies at 88". Irish Independent. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  4. 1 2 "Top barrister at tribunal appointed High Court judge". Irish Examiner . 9 May 2012. Archived from the original on 4 March 2016. Retrieved 5 August 2015.
  5. ↑ Brennock, Mark (31 August 1983). "Shattering Garret". Magill. Archived from the original on 7 June 2020. Retrieved 7 June 2020.
  6. 1 2 3 "Appointments to the Supreme Court, High Court and District Court". MerrionStreet.ie. 23 July 2015. Archived from the original on 4 March 2016. Retrieved 5 August 2015.
  7. ↑ "TCD team takes debating award". The Irish Times. 25 February 1982. p. 6.
  8. ↑ "Two TCD teams for debating final". The Irish Times. 4 March 1985.
  9. 1 2 3 "2018 Supreme Court Annual Report" (PDF). Supreme Court. Archived (PDF) from the original on 21 December 2019. Retrieved 21 April 2019.
  10. ↑ Donaghy, Kathy (23 March 1995). "FLAC says need for free legal aid service growing". The Irish Times. p. 2.
  11. ↑ "Appointments to State Boards. – Wednesday, 27 Oct 2004 – Parliamentary Questions (29th Dáil) – Houses of the Oireachtas". www.oireachtas.ie. 27 October 2004. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  12. ↑ Coulter, Carol. "New High Court judges nominated". The Irish Times. Retrieved 7 June 2020.
  13. ↑ "Iseult O'Malley to be appointed as Supreme Court judge". The Irish Times . 22 July 2015. Archived from the original on 22 August 2015. Retrieved 5 August 2015.
  14. ↑ "Appointment of Judge of the Supreme Court and Judges of the High Court". Áras an Uachtaráin website www.president.ie. 1 October 2015. Archived from the original on 30 October 2017. Retrieved 18 January 2016.
  15. ↑ "Supreme Court: 6th October 2015". Supreme Court Legal Diary. 6 October 2015.[ permanent dead link ]
  16. ↑ DPP v. Gruchacz, [2019 IESC 45](Supreme Court of Ireland10 May 2019).
  17. ↑ JLT Financial Services Ltd v. Gannon, [2017 IESC 70](Supreme Court of Ireland21 November 2017).
  18. ↑ Ogieriakhi v. Minister for Justice & Equality and ors, [2017 IESC 52](Supreme Court of Ireland13 July 2017).
  19. ↑ A.C. & Ors v. Cork University Hospital, [2019 IESC 73](Supreme Court of Ireland17 October 2019).
  20. ↑ Grace and anor v. An Bórd Pleanála & ors, [2017 IESC 10](Supreme Court of Ireland24 February 2017).
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.