Court of King's Bench (Ireland)
Encyclopedia
The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law
in Ireland
. It was a mirror of the Court of King's Bench in England.
The King's Bench was one of the "four courts" which sat in the building in Dublin still known as "The Four Courts
"
and at least one associate justice.
. Its workload was more onerous than that of the Court of Exchequer
and Court of Common Pleas
, and there was a tradition that its judges must be of higher calibre than the other common law courts. In the sixteenth and seventeenth centuries the Crown expressed a strong preference for English-born judges, especially as Chief Justice. From the beginning of the eighteenth century however no objection was made to the appointment of Irish-born judges.
. The Court's jurisdiction passed to a new High Court of Justice . The High Court was itself abolished by Section 40 of the Government of Ireland Act 1920
. That section created a High Court in Northern Ireland, which still contains a Queen's Bench Division, with similar jurisdiction to its counterpart in England and Wales. In the Republic of Ireland
the jurisdiction passed to the new High Court of Ireland
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
. It was a mirror of the Court of King's Bench in England.
The King's Bench was one of the "four courts" which sat in the building in Dublin still known as "The Four Courts
Four Courts
The Four Courts in Dublin is the Republic of Ireland's main courts building. The Four Courts are the location of the Supreme Court, the High Court and the Dublin Circuit Court. The building until 2010 also formerly was the location for the Central Criminal Court.-Gandon's Building:Work based on...
"
Origins
According to Elrington Ball, an early form of the Court can be identified as early as 1290. The Court of King's Bench was fully operational in Ireland by 1324, with a Chief JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and at least one associate justice.
Role
The King's Bench was the principal court of criminal jurisdiction and civil jurisdiction, and its Chief Justice was the most senior judge in Ireland after the Lord Chancellor of IrelandLord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
. Its workload was more onerous than that of the Court of Exchequer
Court of Exchequer
Court of Exchequer may refer to:*Exchequer of Pleas, an ancient English court, that ceased to exist independently in the late nineteenth century...
and Court of Common Pleas
Court of Common Pleas (Ireland)
The Court of Common Pleas was one of the senior courts of common law in Ireland. It was a mirror image of the equivalent court in England...
, and there was a tradition that its judges must be of higher calibre than the other common law courts. In the sixteenth and seventeenth centuries the Crown expressed a strong preference for English-born judges, especially as Chief Justice. From the beginning of the eighteenth century however no objection was made to the appointment of Irish-born judges.
Abolition
The Court of Queen's Bench was abolished in 1878 by the Supreme Court of Judicature Act (Ireland) 1877Supreme Court of Judicature Act (Ireland) 1877
The Supreme Court of Judicature Act 1877 was an Act of the Parliament of the United Kingdom that brought about a major reorganisation of the senior courts in Ireland.-Provisions:...
. The Court's jurisdiction passed to a new High Court of Justice . The High Court was itself abolished by Section 40 of the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
. That section created a High Court in Northern Ireland, which still contains a Queen's Bench Division, with similar jurisdiction to its counterpart in England and Wales. In the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
the jurisdiction passed to the new High Court of Ireland
See also
- Lord Chief Justice of the King's Bench for IrelandLord Chief Justice of the King's Bench for IrelandThe Court of King's Bench was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England...
- Queen's Bench
- Court of King's Bench (England)Court of King's Bench (England)The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...