People (Attorney General) v Conmey

JurisdictionIreland
Judgment Date06 October 1975
Date06 October 1975
Docket Number[S.C. No. 145 of 1974]
CourtSupreme Court
(S.C.)
The People (Attorney General)
and
Conmey

Establishment - Court of Criminal Appeal - High Court exercising criminal jurisdiction - Whether appeal lies to Supreme Court - Courts (Establishment and Constitution) Act, 1961 (No. 38), s. 3 - Courts (Supplemental Provisions) Act, 1961 (No. 39), ss. 11, 12 -Constitution of Ireland, 1937, Article 34, ss. 1-4.

Article 34 of the Constitution provides that justice shall be administered in courts established by law; that the courts shall comprise courts of first instance and a court of final appeal which shall be called the Supreme Court; that the courts of first instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal (s. 3, sub-s. 1); that the courts of first instance - "shall also include courts of local and limited jurisdiction with a right of appeal as determined by law" (s. 3...

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67 cases
  • Holohan v Donohoe
    • Ireland
    • Supreme Court
    • 11 February 1986
    ...to make such an order has a constitutional and not a statutory basis. As was stated by Walsh J. in The People (A.G.) v. Conmey 1975 I.R.341, 358, the appellate jurisdiction of this Court from decisions of the High Court flows directly from the Constitution. S. 96 is relevant only if it cou......
  • Clinton v an Bord Pleanála
    • Ireland
    • Supreme Court
    • 1 November 2006
    ...& ORS v MIN JUSTICE & AG UNREP SUPREME 27.7.2004 PLANNING & DEVELOPMENT (STRATEGIC INFRASTRUCTURE) ACT 2006 S50A(10) AG, PEOPLE v CONMEY 1975 IR 341 A (B) v MINISTER FOR JUSTICE EQUALITY & LAW REFORM 2002 1 IR 296 RSC O 84 LOCAL GOVERNMENT PLANNING & DEVELOPMENT ACT 1992 S19(3) COURTS (ES......
  • A.B. v Minister for Justice
    • Ireland
    • Supreme Court
    • 30 January 2002
    ...Greene [1990] 2 I.R. 566; [1991] 1 I.L.R.M. 404. O'Donnell v. Dun Laoghaire Corporation [1991] I.L.R.M. 301. The People (A.G.) v. Conmey [1975] I.R. 341. The People v. O'Shea [1982] I.R. 384; [1983] I.L.R.M. 549. The State (Browne) v. Feran [1967] I.R. 147. Sullivan v. Robinson [1954] I.R. ......
  • DPP v Independent Newspapers (Ireland) Ltd and Others
    • Ireland
    • Supreme Court
    • 5 March 2008
    ...now too late to create one." The submissions proceed to refer to the decisions of this Court in The People(Attorney General) v Conmey [1975] I.R. 341 and The People(Director of Public Prosecutions) v O'Shea [1982[ I. R. 384, describing the first as "highly controversial" preferring the diss......
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2 books & journal articles
  • The New Supreme Court and Court of Appeal: 2014 to 2016 and their Future
    • Ireland
    • Trinity College Law Review No. XX-2017, January 2017
    • 1 January 2017
    ...and Constitution) Act 1961 S 3. The CCA was not expressly provided for in the Constitution, but in The People (Attorney General) v Conmey [1975] IR 341 the Supreme Court upheld the constitutionality of its establishment on the ground that Article 34.3.1° permitted the establishment of court......
  • The irish courts system in the 21st century: planning for the future
    • Ireland
    • Irish Judicial Studies Journal No. 1-1, January 2001
    • 1 January 2000
    ...are huge lists of cases to be dealt with in the High Court and it is constantly asked to 11 The People (Attorney General) v. Conmey [1975] I.R. 341. 20 Judicial Studies Institute Journal supply judges to deal with other work of public importance, such as tribunals and other enquiries. One f......

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