R v R

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 16 February 1984
• Docket Number: [1982 No. 520 Sp.]
• Date: 16 February 1984

(H.C.)

R

and

R

High Court - Enactments conferring jurisdiction on Circuit Court and District Court - Whether jurisdiction of High Court ousted - Whether enactments valid -Rules of the Superior Courts, 1962 (S.I. No. 72), O. 60 - Guardianship of Infants Act, 1964 (No.7), s. 5 - Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11), s. 23 - Courts Act, 1981 (No. 11), ss. 12, 15 - Family Law (Protection of Spouses and Children) Act, 1981 (No. 21), ss. 1, 2 - Constitution of Ireland, 1937, Arts. 34, 36.

Section 2 of Article 34 of the Constitution states that the courts shall comprise courts of first instance and a court of final appeal. Section 3, sub-s. 1, of that Article states 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." Article 36 of the Constitution states (inter alia) that, subject to the preceding provisions of the Constitution, the constitution and and organization of the Courts, the distribution of jurisdiction and business among the Courts and the judges and all matters of procedure, shall be regulated "in accordance with law." The plaintiff, being the wife of the defendant, issued a summons in the High Court in which she claimed certain reliefs under (inter alia) the Acts of 1964 and 1976, and the second Act of 1981. Section 5 of the Act of 1964, as enacted originally, stated that the jurisdiction conferred on a court by Part II of that Act might be exercised by the High Court; but the s. 5 substituted therefor by the Courts Act 1981, contained no reference to the High Court in declaring that the said jurisdiction may be exercised by the Circuit Court or the District Court. Section 23 of the Act of 1976, as originally enacted, stated that the High Court, the Circuit Court (on appeal from the District Court) and the District Court might exercise concurrently jurisdiction to determine proceedings under ss. 5, 6, 7 and 9 of the Act of 1976; but the s. 23 substituted therefor by the Courts Act, 1961, contained no reference...