The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court, judicial review over Acts of the Oireachtas. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin.
Adler v Ontario, [1996] 3 S.C.R. 609 is a leading decision of the Supreme Court of Canada on the nature of the provincial education power and whether there was a constitutional obligation to fund private denominational education. The Court found that Ontario's Education Act did not violate sections 2(a) or 15(1) of the Canadian Charter of Rights and Freedoms or section 93 of the Constitution Act, 1867.
Irish Life and Permanent plc v Dunne, [2015] IESC 46, [2016] 1 IR 92, was an Irish Supreme Court case in which the Supreme Court clarified the impact of a lender failing to comply with the Code of Conduct on Mortgage Arrears 2010 on that lender's right to obtain an order of possession of mortgaged property.
Tracey, T/A Engineering Design & Management v Burton, [2016] IESC 16, was an Irish Supreme Court case in which the Supreme Court considered the Irish courts' ability to limit the right of access to the courts and, in extreme cases, to dismiss proceedings.
Sivsivadze v Minister for Justice[2015] IESC 53; [2015] 2 ILRM 73; [2016] 2 IR 403 was an Irish Supreme Court case in which the Supreme Court dismissed a challenge to the constitutionality of section 3(1) of the Immigration Act 1999, under which the Minister for Justice order the deportation of a non-national for an indefinite period.
Vincent Sweeney v Governor of Loughlan House Open Centre and Others [2014] 2 ILRM 401; [2014] IESC 42; [2014] 2 IR 732, was an Irish Supreme Court case in which the Court held that the sentenced served in the administrating state should be of the same legal nature as the sentence imposed by the sentencing state. This decision reversed a previous decision by the High Court that Sweeney's incarceration violated the Transfer of Sentenced Persons Acts 1995 and 1997.
Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 was an Irish Supreme Court Case wherein the court held that a Garda Superintendent was a persona designata and that a guideline issued the Garda Commissioner that imposed fixed preconditions to applications for a firearm certificate would result in the superintendent acting Ultra Vires. By ruling that the guideline interfered with the status of a superintendent as a persona designata, the Court provided an important finding in establishing the limits of discretionary powers under the Irish constitution and the legal standing of guidelines issued under the auspices of a national body.
J. McD v P.L and B.M[2007] IESC 28, [2008] ILRM 81 is an Irish Supreme Court case the rights of a sperm donor to access a child born through his donation. The Appellant, who was the biological donor, questioned whether he could be a guardian of the infant despite never having had a romantic relationship with the first named respondent who was the mother. The case raised important questions around the Irish legal definition of "family." The case is also important because the Supreme Court over-turned a High Court ruling that had relied on Article 8 of the European Convention of Human Rights.
Dundon v Governor of Cloverhill Prison, [2005] IESC 83, [2006] 1 IR 518, was an Irish legal case in which the Supreme Court rejected an appeal against extradition to the United Kingdom by Irish citizen Kenneth Dundon. The case is important in Irish law as Kenneth Dundon was the first man to be extradited under the European Arrest Warrants Act 2003 in Ireland.
The case of Dimbo v Minister for Justice[2008] IESC 26; [2008] 27 ILT 231; [2008] 5 JIC 0101 was a Supreme Court that held that when deciding to make a deportation order in relation to the parents of an Irish born citizen under s.3 of the Immigration Act 1999, the state must consider facts that are specific to the individual child, his or her age, current educational progress, development and opportunities and his/her attachment to the community.
Benedict McGowan and Others v Labour Court and Others [2013] 2 ILRM 276; [2013] IESC 21; [2013] 3 IR 718 is an Irish Supreme Court case, where an appeal was granted and the court made a declaration that the provisions of Part III of the Industrial Relations Act are invalid considering the provisions of Article 15.2.1 of the Constitution of Ireland. This court questioned the method by which wages and other benefits were set on a collective basis across numerous sectors.
N.H.V. v Minister for Justice & Equality [2017] IESC 35 was an Irish Supreme Court case in which the Court upheld a challenge to the absolute prohibition on employment of asylum seekers contained in Section 9(4) of the Refugee Act 1996 and held it to be contrary to the constitutional right to seek employment.
Z. v Minister for Justice, Equality and Law Reform[2002] IESC 14, [2002]; 2 ILRM 215 is an Irish Supreme Court case where the Court ruled that the absence of an oral hearing need not infringe the right of an applicant for refugee status to natural and constitutional justice.
Ams v Minister for Justice and Equality, [2015] 1 ILRM 170; [2014] IESC 65, was an Irish Supreme Court case where the Court held that Section 18 (4) of the Refugee Act 1996 allowed the Minister of Justice to assess the potential financial strain that a refugee's dependents would place on the State while deciding on an application for entry.
A v Minister for Justice and Equality, Refugee Applications Commissioner, Ireland and the Attorney General[2013] IESC 18, (2013) 2 ILRM 457 is an Irish Supreme Court case where the Supreme Court concluded that a certificate of leave to appeal was not required in order to appeal to the Supreme Court a decision of the High Court to dismiss proceedings as frivolous or vexatious.
Minister for Justice, Equality and Law Reform v Murphy, [2010] IESC 17; [2010] 3 IR 77, is an Irish Supreme Court case in which the Court determined that inpatient treatment with a restriction order attached to it in a European Arrest Warrant came within the meaning of "detention order" in s.10(d) of the European Warrant Act 2003. This gave the definition of "detention order" a wide meaning. The case involved an appeal against extradition to the United Kingdom.
Board of Management St. Molaga's National School v The Secretary General of the Department of Education and Science [2010] IESC 57, [2011] 1 IR 362, is a case in which the Supreme Court of Ireland ruled that under Section 29 of the Education Act 1998, the decision of a school's board of management to refuse to enrol a student may be subject to a full re-hearing by an appeals committee appointed by the Minister for Education.
O'Farrell and Others v Governor of Portlaoise Prison, [2016] IESC 37, [2016] 3 IR 619 is an Irish Supreme Court case where the Court dismissed an appeal made by the State against a High Court decision which ordered the release of prisoners who had been transferred from the United Kingodom to the Republic of Ireland to carry out the rest of their sentences. The Supreme Court, taking into account the relevant provisions of the Transfer of Sentenced Persons Act 1995, decided that there was no legal basis to detain the respondents as there was a failure to comply with legislative requirements concerning the adaptation of foreign prison sentences. The Court also ruled that section 9 of the Transfer of Sentenced Persons Act 1995 did not give it the authority increase the respective prison sentences of three prisoners.
Child and Family Agency v O.A.[2015] IESC 52, also known as Child and Family Agency (Tusla) v OA, is an Irish Supreme Court case which determined the appropriateness of awarding costs in child care cases where there was an unsuccessful parental challenge to an application made by the Child and Family Agency (CFA). The Supreme Court established that there are circumstances where it might be suitable to award costs to unsuccessful parents who privately retained legal counsel; these being if the CFA "acted capriciously, arbitrarily or unreasonably in commencing or maintaining the proceedings", if "the outcome was particularly clear or compelling", or if it would be "particularly unjust towards the parents to award costs against them". It was stated that the District Court must outline its reasoning regarding a decision to award costs in such cases, holding that the Circuit Court should only reverse District Court decisions if the outlined principles and criteria are not followed.
Y.Y. v Minister for Justice and Equality[2017] IESC 61 is an Irish Supreme Court case which concerned the deportation of "Y.Y.", who was an Algerian national. Y.Y. was facing deportation from Ireland to his native country, where he was sentenced in absentia to three life sentences and two death sentences for terrorism related offences. Y.Y. appealed to the Supreme Court against a High Court decision that dismissed his challenge to a deportation order made by The Minister for Justice and Equality under the Immigration Act 1999. He argued that if he were deported to Algeria, he would be under a real threat of torture, inhuman or degrading treatment. Thus, deporting him would go against Article 3 of the European Convention on Human Rights (ECHR).
