State (Murray) v McRann

JurisdictionIreland
Judgment Date01 January 1979
Date01 January 1979
Docket Number[1975 No. 613 SS.]
CourtHigh 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...

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13 cases
  • Keady v Commissioner of an Garda Síochána
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...which might also found a criminal prosecution before any statutory or other domestic tribunal or inquiry. The State (Murray) v. McRannIR [1979] I.R. 133 and Deaton v. The Attorney GeneralIR [1963] I.R. 170 applied. 2. That the Garda Tribunal of Inquiry had power to determine a breach of dis......
  • Melton Enterprises Ltd v Censorship of Publications Board
    • Ireland
    • Supreme Court
    • 4 November 2003
    ...ART 37 CONSTITUTION ART 40.6.1(1) KEADY V GARDA CMSR 1992 2 IR 197 SOLICITORS ACT 1954, RE 1960 IR 239 MURRAY, STATE V MCRANN 1979 IR 133 ART 26 OF THE CONSTITUTION & OFFENCES AGAINST THE STATE (AMDT) BILL 1940, RE 1940 IR 470 EAST DONEGAL CO-OP V AG 1970 IR 317 MCDONALD V BORD NA GCON......
  • Tomasz Zalewski v The Workplace Relations Commission, an Adjudication Officer [Y], Ireland and the Attorney General
    • Ireland
    • Supreme Court
    • 6 April 2021
    ...making of allegations, which might also found a criminal prosecution before any statutory or other domestic tribunal of inquiry. ( The State (Murray) v McRann [1979] IR 133, and Deaton v. Attorney General [1963] I.R. 170). This Court held that the tribunal of inquiry had power to determin......
  • Goodman International v Hamilton
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...[1986] I.R. 203; [1987] I.L.R.M. 65. The State (McLoughlin) v. Eastern Health Board [1986] I.R. 416. The State (Murray) v. McRann [1979] I.R. 133; (1976) 112 I.L.T.R. 33. The State (O'Callaghan) v. Ó hUadhaigh ó huadhaigh [1977] I.R. 42. The State (Quinn) v. Ryan [1965] I.R. 70; (1964) 100 ......
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