The history and development of the special criminal court 1922-2005' (Four Courts Press, 2007) Fergal Francis Davis

• Author: Ronan Keane
• Position: Chief Justice of Ireland 2000-2004
• Pages: 178-181

Judicial Studies Institute Journal [2009:1

178

BOOK REVIEW

“THE HISTORY AND DEVELOPMENT OF THE

SPECIAL CRIMINAL COURT 1922-2005”

(Four Courts Press, 2007)

Fergal Francis Davis

RONAN KEANE

It is a melancholy reflection that, during the period of

almost ninety years since the foundation of the State,

the institution of the “special court” has been with us almost

without interruption. As this exhaustive and thoughtful survey

demonstrates, it has been present in a number of different forms,

which have, however, one major feature in common:

the assignment of at least some criminal trials of serious offences

to tribunals sitting without a jury. Irrespective of one’s views on

the merits of jury trials in criminal cases, the fact that successive

governments and legislatures have considered it necessary to

abrogate the right to them over so lengthy a period is, of itself,

somewhat depressing. It can, of course, be said that the same

period was dominated by the Civil War and its aftermath, the

huge security problems of the Second World War, the “troubles”

in Northern Ireland and, more recently, the growth of organised

crime. That helps to explain the almost continuous recourse by

successive executives to “special courts”, but is hardly of great

comfort.

Given that the distinguishing feature of these tribunals is

the absence of the jury, it is understandable that Dr Davis at the

outset should consider the arguments for and against the central

role played by the jury in the Anglo-American criminal justice

system. He is not fully persuaded by the arguments of those who,

like de Tocqueville, see it as a valuable democratic process.

Davis comments that the primary role of the jury is not to involve

the public or to educate the citizenry: “it is to deliver justice”.

In considering whether it is more likely to achieve that objective

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 Chief Justice of Ireland 2000-2004.