State (Murray) v McRann

• Jurisdiction: Ireland
• Judgment Date: 01 January 1979
• Date: 01 January 1979
• Docket Number: [1975 No. 613 SS.]
• Court: High Court

(H.C.)

The State (Murray)

and

McRann

Exception - Limited functions of a judicial nature - Prison governor - Prison discipline - Non-criminal matter - Rules for the Government of Prisons, 1947 (S.R. O. No. 320, rr. 68, 69 - Constitution of Ireland, 1937, Articles 34 and 37.

Article 34, s. 1, of the Constitution states thatjustice shall be administered in courts established by law by judges appointed in the manner provided by the Constitution, but Article 37 provides that nothing in the Constitution shall operate to invalidate "the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person"duly authorised by law in that behalf, notwithstanding that such person is not a judge. While she was being lawfully detained in a prison of which the first respondent was the governor, the prosecutrix was charged with having committed a breach of prison discipline by committing a common assault. Having investigated the charge, the first respondent ordered the prosecutrix to be punished in a manner authorised by the Rules for the Government of Prisons, 1947. The prosecutrix obtained in the High Court a conditional order of certiorari to quash the record of the first respondent's order, unless cause were shown to the contrary, on the ground that the first respondent had purported to administer justice contrary to the provisions of the Constitution. The prosecutrix applied for an order absolute, notwithstanding the cause shown by the first respondent. Held by the High Court (Finlay P...