Supreme Court of Judicature Act (Ireland) 1877
Encyclopedia
The Supreme Court of Judicature Act (Ireland) 1877 was an Act
of the Parliament
of the United Kingdom
that brought about a major reorganisation of the senior courts in Ireland
.
and equity in Ireland, although not a merger of the jurisdictions themselves. Prior to the Act coming into force a litigant had to sue in equity in the Irish Chancery
and at common law in the common law courts.
Mirroring earlier legislation applying to England and Wales, the Act merged the Court of Kings Bench, Court of Chancery, Court of Exchequer, and Court of Common Pleas into a new High Court of Justice; the earlier courts then became divisions of the new court. The Act also created a new Court of Appeal
for Ireland. Amending legislation later abolished all but the King's Bench Division and Chancery Division of the High Court.
, s. 38; in its place were established a separate Supreme Court of Judicature for each of Northern Ireland
and Southern Ireland
, together with an overarching "High Court of Appeal for Ireland" with appellate jurisdiction for the whole of Ireland. The two new Supreme Courts of Judicature were constituted on a similar basis to the court they replaced, with both being made up of a High Court of Justice and a Court of Appeal (ss. 39, 40).
carried over the existing court structure for Southern Ireland; this included the courts established under the 1920 Act, with the exception of the High Court of Appeal for Ireland, which was abolished by the UK's Irish Free State (Consequential Provisions) Act 1922
. Subsequently, the Courts of Justice Act 1924
transferred the jurisidiction of the High Court of Justice to the court of the same name created by that Act, and the jurisdiction of the Court of Appeal to the Supreme Court of Justice
. Both these jurisidictions have been continued by subsequent legislation. However, the Supreme Court of Judicature Act (Ireland) 1877 has never been repealed in the Republic and thus remains part of its law; the Act was expressly preserved in force by the Statute Law Revision Act 2007
.
the Act was repealed by the Judicature (Northern Ireland) Act 1978. However, that Act established a new Supreme Court of Judicature that is of largely the same shape as that established under the 1920 Act, although it also includes a Crown Court in Northern Ireland (which tries indictable offences). Since the establishment of the Supreme Court of the United Kingdom
, Northern Ireland's Supreme Court has been known as the Court of Judicature in Northern Ireland.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
that brought about a major reorganisation of the senior courts 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...
.
Provisions
The Act marked the fusion of the administration of common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and equity in Ireland, although not a merger of the jurisdictions themselves. Prior to the Act coming into force a litigant had to sue in equity in the Irish Chancery
Irish Chancery
The Court of Chancery was a court which exercised equitable jurisdiction in Ireland until its abolition as part of the reform of the court system in 1877. It was the court in which the Lord Chancellor of Ireland presided. Its final sitting place was at the Four Courts in Dublin.-History:The...
and at common law in the common law courts.
Mirroring earlier legislation applying to England and Wales, the Act merged the Court of Kings Bench, Court of Chancery, Court of Exchequer, and Court of Common Pleas into a new High Court of Justice; the earlier courts then became divisions of the new court. The Act also created a new Court of Appeal
Irish Court of Appeal
The Court of Appeal in Ireland was created by the Westminster Parliament under the Supreme Court of Judicature Act 1877 as the final appellate court within Ireland, then under British rule...
for Ireland. Amending legislation later abolished all but the King's Bench Division and Chancery Division of the High Court.
Partition and subsequent developments
The "Supreme Court of Judicature in Ireland" that was created by the 1877 Act was abolished by the Government of Ireland Act 1920Government 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...
, s. 38; in its place were established a separate Supreme Court of Judicature for each of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and Southern Ireland
Southern Ireland
Southern Ireland was a short-lived autonomous region of the United Kingdom established on 3 May 1921 and dissolved on 6 December 1922.Southern Ireland was established under the Government of Ireland Act 1920 together with its sister region, Northern Ireland...
, together with an overarching "High Court of Appeal for Ireland" with appellate jurisdiction for the whole of Ireland. The two new Supreme Courts of Judicature were constituted on a similar basis to the court they replaced, with both being made up of a High Court of Justice and a Court of Appeal (ss. 39, 40).
Republic of Ireland
Article 75 of the Constitution of the Irish Free StateConstitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
carried over the existing court structure for Southern Ireland; this included the courts established under the 1920 Act, with the exception of the High Court of Appeal for Ireland, which was abolished by the UK's Irish Free State (Consequential Provisions) Act 1922
Irish Free State (Consequential Provisions) Act 1922
The Irish Free State Act 1922 was an Act of the Parliament of the United Kingdom passed on 5 December 1922...
. Subsequently, the Courts of Justice Act 1924
Courts of Justice Act 1924
The Courts of Justice Act, 1924 was an Act of the Oireachtas that established the courts system of the Irish Free State pursuant to the Constitution of the Irish Free State...
transferred the jurisidiction of the High Court of Justice to the court of the same name created by that Act, and the jurisdiction of the Court of Appeal to the Supreme Court of Justice
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
. Both these jurisidictions have been continued by subsequent legislation. However, the Supreme Court of Judicature Act (Ireland) 1877 has never been repealed in the Republic and thus remains part of its law; the Act was expressly preserved in force by the Statute Law Revision Act 2007
Statute Law Revision Act 2007
The Statute Law Revision Act 2007 was an Act of the Oireachtas of the Republic of Ireland which repealed a large amount of pre-1922 legislation of Ireland, England, Great Britain and the United Kingdom while preserving a shorter list of statutes.-Scope:...
.
Northern Ireland
In Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
the Act was repealed by the Judicature (Northern Ireland) Act 1978. However, that Act established a new Supreme Court of Judicature that is of largely the same shape as that established under the 1920 Act, although it also includes a Crown Court in Northern Ireland (which tries indictable offences). Since the establishment of the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
, Northern Ireland's Supreme Court has been known as the Court of Judicature in Northern Ireland.