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Bar Review July 2006 Design: the Design Room T: 497 9022 Cover Illustration: Brian Gallagher T: 497 3389 E: [email protected] W
The BarJournal of the Bar Reviewof Ireland .Volume 12 . Issue 4 . July 2006 • Environmental Impact Assessments and recent EU law • The Haran Report on Legal Costs • Eurofood and EU Insolvency regulation BarThe Review Volume 11,Issue 4, July 2006, ISSN 1339 - 3426 Contents 106 News 107 The Haran Report on Legal Costs Editorial Correspondence to: Colm O’Dwyer BL Eilis Brennan BL, The Editor, 111 Eurofood IFSC Limited: Judicial Clarification of Insolvency Bar Review, Regulation 1346/2000 Law Library, Glen Gibbons BL Four Courts, Dublin 7 Mark O’Riordan BL DX 813154 Telephone: 353-1-817 5505 Fax: 353-1-872 0455 e-mail: [email protected] 117 Legal Update: A Guide to Legal Developments from Editor: Eilis Brennan BL 4th May, 2006 to 23rd June, 2006. Editorial Board: Paul Gallagher SC 129 Development Consents and the EIA Directive (Chairman, Editorial Board) Garrett Simons BL Gerry Durcan SC Mary O’Toole SC 133 Misuse of Drugs provisions in the Criminal Justice Bill Patrick Dillon Malone BL Conor Dignam BL Gerard Murphy B.L. Adele Murphy BL 136 Lawyers in Afghanistan Brian Kennedy BL Vincent Browne BL Jeanne McDonagh Mark O’Connell BL Paul A. McDermott BL 137 The Constitution and Marriage; The Scope of Protection Tom O’Malley BL John Eardly BL Patrick Leonard BL Paul McCarthy BL Des Mulhere The Bar Review is published by Thomson Round Hall in association with The Bar Council of Ireland. Jeanne McDonagh For all subscription queries contact: Jerry Carroll Thomson Round Hall Consultant Editors 43 Fitzwilliam Place, Dublin 2 Dermot Gleeson SC Telephone: + 353 1 662 5301 Fax: + 353 1 662 5302 Patrick MacEntee SC Email: [email protected] web: www.roundhall.ie Thomas McCann SC Subscriptions: January 2006 to December 2006 - 6 issues Eoghan Fitzsimons SC Annual Subscription: E195.00 Donal O’Donnell SC E Annual Subscription + Bound Volume Service 300.00 Garrett Cooney SC For all advertising queries contact: Pat Hanratty SC Tom Clark, Direct line: 44 20 7393 7835 E-Mail: [email protected] James O’Reilly SC Directories Unit. -
Irish Constitutional Law
1 ERASMUS SUMMER SCHOOL MADRID 2011 IRISH CONSTITUTIONAL LAW Martin Kearns Barrister at Law Historical Introduction The Treaty of December 6, 1921 was the foundation stone of an independent Ireland under the terms of which the Irish Free State was granted the status of a self-governing dominion, like Australia, Canada, New Zealand and South Africa. Although the Constitution of the Ireland ushered in virtually total independence in the eyes of many it had been imposed by Britain through the Anglo Irish Treaty. 1 The Irish Constitution of 1922 was the first new Constitution following independence from Britain but by 1936 it had been purged of controversial symbols and external associations by the Fianna Faíl Government which had come to power in 1932.2 The Constitution of Ireland replaced the Constitution of the Irish Free State which had been in effect since the independence of the Free State from the United Kingdom on 6 December 1922. The motivation of the new Constitution was mainly to put an Irish stamp on the Constitution of the Free State whose institutions Fianna Faíl had boycotted up to 1926. 1 Signed in London on 6 December 1921. 2 e.g. under Article 17 every member of the Oireachtas had to take an oath of allegiance, swearing true faith and allegiance to the Constitution and fidelity to the Monarch; the representative of the King known as the Governor General etc. 2 Bunreacht na hÉireann an overview The official text of the constitution consists of a Preamble and fifty articles arranged under sixteen headings. Its overall length is approximately 16,000 words. -
Download Bar Review Volume 21
THE BAR Volume 21 Number 2 REVIEWJournal of The Bar of Ireland April 2016 Unlawful detention CONTENTS The Bar Review The Bar of Ireland Distillery Building 145-151 Church Street Dublin DO7 WDX8 Direct: +353 (0)1 817 5166 Fax: +353 (0)1 817 5150 Email: [email protected] Web: www.lawlibrary.ie EDITORIAL BOARD 45 Editor Eilis Brennan BL Eileen Barrington SC 66 Gerard Durcan SC Eoghan Fitzsimons SC Niamh Hyland SC Brian Kennedy SC Patrick Leonard SC Paul Anthony McDermott SC Sara Moorhead SC Brian R Murray SC James O'Reilly SC Mary O'Toole SC Mark Sanfey SC 56 Claire Bruton BL Diane Duggan BL Claire Hogan BL Grainne Larkin BL Mark O'Connell BL Thomas O'Malley BL Ciara Murphy, Director Shirley Coulter, Director, Comms and Policy Vanessa Curley, Law Library Deirdre Lambe, Law Library Rose Fisher, PA to the Director Tom Cullen, Publisher Paul O'Grady, Publisher PUBLISHERS Published on behalf of The Bar of Ireland 54 59 48 by Think Media Ltd Editorial: Ann-Marie Hardiman Paul O’Grady Colm Quinn Message from the Chairman 44 Interview 56 Design: Tony Byrne Tom Cullen Moving on Ruth O’Sullivan Editor's note 45 Niamh Short Advertising: Paul O’Grady Law in practice 59 News 45 Commercial matters and news items relating Damages for unlawful judicial jailing 59 to The Bar Review should be addressed to: Launch of Bar of Ireland 1916 exhibition Controlling the market 62 Paul O’Grady Bar of Ireland Transition Year Programme The Bar Review Report from The Bar of Ireland Annual Conference 2016 The Battle of the Four Courts, 1916 66 Think Media Ltd The -
Bar Review April 01 25.04
The BarJournal of the Bar of IrelandReview .Volume 10 . Issue 6 .December 2005 • A Comment on the Maritime Safety Act, 2005 • Barristers and Immunity from Suit • Delay in Sexual Offence Cases BarThe Review Volume 10,Issue 6, December 2005, ISSN 1339 - 3426 Contents 182 You Be the Judge Part II Jennifer Carroll Editorial Correspondence to: Eilis Brennan BL, 189 A Comment on the Maritime Safety Act, 2005. The Editor, Glen Gibbons BL Bar Review, Law Library, Four Courts, Dublin 7 193 Legal Update: DX 813154 A Guide to Legal Developments from Telephone: 353-1-817 5505 Fax: 353-1-872 0455 10th October 2005 up to 22nd November 2005. e-mail: [email protected] Editor: Eilis Brennan BL 209 A Bar to Recovery? Barristers, Public Policy, and Immunity from Suit Editorial Board: Paul Gallagher SC Ray Ryan BL and Des Ryan (Chairman, Editorial Board) 214 Clarifying The Law On Delayed Prosecutions For Sexual Offences Gerry Durcan SC Brian Conroy BL Mary O’Toole SC Patrick Dillon Malone BL 218 The Central Criminal Court - The Limerick Experience Conor Dignam BL Adele Murphy BL The Honourable Mr. Justice Paul Carney Brian Kennedy BL Vincent Browne BL Mark O’Connell BL Paul A. McDermott BL Tom O’Malley BL Patrick Leonard BL Paul McCarthy BL Des Mulhere The Bar Review is published by Thomson Round Hall in association with The Bar Council of Ireland. Jeanne McDonagh For all subscription queries contact: Jerry Carroll Thomson Round Hall Consultant Editors 43 Fitzwilliam Place, Dublin 2 Dermot Gleeson SC Telephone: + 353 1 662 5301 Fax: + 353 1 662 5302 Patrick MacEntee SC Email: [email protected] web: www.roundhall.ie Thomas McCann SC Subscriptions: January 2005 to December 2005 - 6 issues Eoghan Fitzsimons SC Annual Subscription: E188.00 Donal O’Donnell SC Annual Subscription + Bound Volume Service E288.00 Garrett Cooney SC Pat Hanratty SC For all advertising queries contact: Directories Unit. -
Pro Bono Practices and Opportunities in the Republic of Ireland
Pro Bono Practices and Opportunities in the Republic of Ireland INTRODUCTION The practice of pro bono is continuing to grow and develop in the Republic of Ireland (“Ireland”) and there are high levels of enthusiasm for pro bono opportunities among the legal profession. Nevertheless, there remains room for expansion in the provision of pro bono services, with Ireland arguably lagging behind several other comparable common law countries. OVERVIEW OF THE LEGAL SYSTEM Constitution and Governing Laws Ireland has a parliamentary democracy, with the President of Ireland elected directly by the people as its head of state,1 and is a common law jurisdiction, derived from the English legal system. Irish courts are bound by precedent.2 As a member of the European Union (the “EU”), Ireland’s legal system is also influenced significantly by EU law, with certain provisions having “direct effect” and thus being directly enforceable in Irish courts.3 The Courts Ireland has a tiered court structure with the Supreme Court at the top, serving as the court of final appeal in civil and criminal matters. Beneath the Supreme Court is the Court of Appeal,4 and then the High Court, Circuit Court (with appeals going to the High Court) and, at the bottom of the structure, the District Court. The courts have jurisdiction over all civil and criminal matters with the District Court dealing with the most minor civil and criminal cases.5 Some specialist matters, such as employment and social welfare cases, are dealt with by tribunals, which are similar to courts but aim to be less expensive and formal.6 Judges for all courts are appointed by the President of Ireland upon the recommendation of the Judicial Appointments Advisory Board (the “Board”).7 Persons seeking to be appointed as judges must apply to the Board, with the Board then making submissions to the Minister for Justice who, in turn, advises the 1 See http://www.president.ie/en/the-president/constitutional-role (last visited on September 4, 2015). -
Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway
Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway 4-6 March, 2019 Table of Contents Welcome from the Head of School . 2 Te School of Law at NUI Galway . 4 Te Supreme Court of Ireland . 6 Te Judges of the Supreme Court . 8 2 Welcome from the Head of School We are greatly honoured to host the historic sittings of the Irish Supreme Court at NUI Galway this spring. Tis is the frst time that the Supreme Court will sit outside of a courthouse since the Four Courts reopened in 1932, the frst time the court sits in Galway, and only its third time to sit outside of Dublin. To mark the importance of this occasion, we are running a series of events on campus for the public and for our students. I would like to thank the Chief Justice and members of the Supreme Court for participating in these events and for giving their time so generously. Dr Charles O’Mahony, Head of School, NUI Galway We are particularly grateful for the Supreme Court’s willingness to engage with our students. As one of Ireland’s leading Law Schools, our key focus is on the development of both critical thinking and adaptability in our future legal professionals. Tis includes the ability to engage in depth with the new legal challenges arising from social change, and to analyse and apply the law to developing legal problems. Te Supreme Court’s participation in student seminars on a wide range of current legal issues is not only deeply exciting for our students, but ofers them an excellent opportunity to appreciate at frst hand the importance of rigorous legal analysis, and the balance between 3 necessary judicial creativity and maintaining the rule of law. -
Bar of Ireland to the Legal Services Regulatory Authority Concerning the Education and Training Arrangements in the State for Legal Practitioners
Submission by Council of The Bar of Ireland to the Legal Services Regulatory Authority Concerning the Education and Training Arrangements in the State for Legal Practitioners 15th June 2018 TABLE OF CONTENTS PAGE PART 1: EXECUTIVE SUMMARY 3 PART 2: SCOPE OF THE CONSULTATION 5 PART 3: PUPILLAGE AND THE NEW PRACTITIONERS PROGRAMME 6 PART 4: CONTINUING PROFESSIONAL DEVELOPMENT 10 PART 5: ARRANGEMENTS TO TRANSFER BETWEEN LEGAL PROFESSIONS 15 PART 6: OBSERVATIONS AND RECOMMENDATIONS FOR THE 20 CONSIDERATION OF THE LSRA AS PART OF THIS CONSULTATION APPENDIX 1: GUIDELINES FOR MASTERS AND PUPILS 22 APPENDIX 2: CPD SCHEME RULES 23 APPENDIX 3: COMPARISONS WITH OTHER JURISDICTIONS 27 APPENDIX 4: LAW LIBRARY MEMBERSHIP TRENDS 2008 - 2018 28 2 PART 1: EXECUTIVE SUMMARY The Council of The Bar of Ireland is the accredited representative body of the independent referral Bar in Ireland, which consists of members of the Law Library and has a current membership of approximately 2,200 practising barristers. The Bar of Ireland is long established and its members have acquired a reputation amongst solicitors, clients and members of the public at large as providing representation and advices of the highest professional standards. The principles that barristers are independent, owe an overriding duty to the proper administration of justice and that the interests of their clients are defended fearlessly in accordance with ethical duties are at the heart of the independent referral bar. As it is the Honorable Society of the King’s Inns who has the responsibility for the education and training of students in order to be admitted to the degree of Barrister-at-Law, this submission will confine itself to matters relating to the ongoing professional education and training arrangements in place for newly qualified and practising barristers. -
18-5924 Respondent BOM.Wpd
No. 18-5924 In the Supreme Court of the United States __________________ EVANGELISTO RAMOS, Petitioner, v. LOUISIANA, Respondent. __________________ On Writ of Certiorari to the Court of Appeals of Louisiana, Fourth Circuit __________________ BRIEF OF RESPONDENT __________________ JEFF LANDRY LEON A. CANNIZZARO. JR. Attorney General District Attorney, ELIZABETH B. MURRILL Parish of Orleans Solicitor General Donna Andrieu Counsel of Record Chief of Appeals MICHELLE GHETTI 619 S. White Street Deputy Solicitor General New Orleans, LA 70119 COLIN CLARK (504) 822-2414 Assistant Attorney General LOUISIANA DEPARTMENT OF JUSTICE WILLIAM S. CONSOVOY 1885 North Third Street JEFFREY M. HARRIS Baton Rouge, LA 70804 Consovoy McCarthy PLLC (225) 326-6766 1600 Wilson Blvd., Suite 700 [email protected] Arlington, VA 22209 Counsel for Respondent August 16, 2019 Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 i QUESTION PRESENTED Whether this Court should overrule Apodaca v. Oregon, 406 U.S. 404 (1972), and hold that the Sixth Amendment, as incorporated through the Fourteenth Amendment, guarantees State criminal defendants the right to a unanimous jury verdict. ii TABLE OF CONTENTS QUESTION PRESENTED.................... i TABLE OF AUTHORITIES................... iv STATEMENT............................... 1 A.Factual Background..................1 B.Procedural History...................2 SUMMARY OF ARGUMENT.................. 4 ARGUMENT.............................. 11 I. THE SIXTH AMENDMENT’S JURY TRIAL CLAUSE DOES NOT REQUIRE UNANIMITY .......... 11 A. A “Trial By Jury” Under the Sixth Amendment Does Not Require Every Feature of the Common Law Jury......11 B. A Unanimous Verdict Is Not an Indispensable Component of a “Trial By Jury.”............................ 20 1. There is inadequate historical support for unanimity being indispensable to a jury trial...................... -
The Bulletin
NUMBER 55 WINTER 2007 THE BULLETIN 56th ANNUAL MEETING A RESOUNDING SUCCESS First to London 9/14-17 then Dublin 9/17-20, 2006 F rom in Dublin, the spirited Republic of musical greeting Ireland. It has of a uniformed band become a tradition of welcoming them to stately the College periodically to Kensington Palace, the former home return to London, to the roots of of Diana, Princess of Wales, to an impromptu a the legal profession in the common law world, and capella rendition of Danny Boy by a Nobel Laureate to visit another country in Europe afterwards. at the end of the last evening in Dublin Castle, the 56th Annual Meeting of the American College of Trial The Board of Regents, including the past presidents, Lawyers in London and the follow-up conference in meeting in advance of the Fellows’ London meeting, Dublin were memorable events. had represented the United States at an evensong service at Westminster Abbey, commemorating the More than 1,200 Fellows and their spouses attended fifth anniversary of 9/11. After the service, President the London meeting, the fifth the College has held Michael A. Cooper laid a wreath on the memorial in that city and the first since 1998. And 510 of to The Innocent Victims, located in the courtyard them continued to the College’s first ever meeting outside the West Door of the Abbey. The Regents LONDON-DUBLIN, con’t on page 37 This Issue: 88 PAGES Profile: SYLVIA WALBOLT p. 17 NOTABLE QUOTE FROM the LONDON-DUBLIN MEETING ““Let us pray. -
Claire Hogan Hosted By: Michael Atkinson; Tulsa, OK
Claire Hogan Hosted by: Michael Atkinson; Tulsa, OK Claire Hogan is a junior barrister at the Bar of Ireland. She has a mixed civil practice, and specializes in Commercial, Public, Personal Injuries and Family Law litigation and advice. She graduated from Trinity College Dublin with a degree in Law and French, having been elected a Scholar of the College. This degree involved a year spent as a student of French law in Université Panthéon- Assas Paris II. Claire also holds the master’s degree of LL.M. (commercial) from the University of Cambridge. She qualified as a barrister in 2009, and was awarded the John Brooke Scholarship for first place in the exams of the Honorable Society of King’s Inns. In 2012, Claire completed her Ph.D. in the area of Constitutional Freedom of Religion Law. Her thesis was entitled, “Towards Reasonable Accommodation of Islam in the Irish Legal System: A Focus on Employment, Education and Healthcare”. She received funding from the Irish Research Council for Humanities and the Social Sciences as a Government of Ireland Scholar. Claire lectures aspiring barristers in Civil Procedure in the Honorable Society of King’s Inns. She also lectures Constitutional Law in the Law Society, which trains solicitors, and Administrative Law in the Institution of Public Administration. She was elected a member of the Council of the Bar of Ireland in July 2015, and currently chairs the Young Bar Committee, which represents the interests of approximately 750 junior members of the Bar of Ireland. In her free time, Claire enjoys running, hiking, cinema, baking and travel. -
The Filtering of Appeals to the Supreme Courts
NETWORK OF THE PRESIDENTS OF THE SUPREME JUDICIAL COURTS OF THE EUROPEAN UNION Dublin Conference November 26-27, 2015 Farmleigh House Farmleigh Castleknock, Dublin 15, Ireland INTRODUCTORY REPORT The Filtering of Appeals to the Supreme Courts Rimvydas Norkus President of the Supreme Court of Lithuania Colloquium organised with the support of the European Commission Colloque organisé avec le soutien de la Commission européenne I. Introduction. On the Nature of Appeal to Supreme Court Part VIII of the Constitution of 3rd May 1791 of the Polish–Lithuanian Commonwealth, the first constitution of its type in Europe, stated that the judicial authority shall not be carried out either by the legislative authority or by the King, but by magistracies instituted and elected to that end. The Constitution also mentioned appellate courts and the Supreme Court. The Constitution did not address in any way filtering of appeals. However, even long before the Constitution of 1791 was adopted, the Third Statute of Grand Duchy of Lithuania, approved in 1588, forbid to appeal intermediate decisions of lower courts to the Supreme Tribunal of the Grand Duchy. Later laws of the Grand Duchy have even established a fine for not complying with this provision. Thus the necessity to limit a right of application to Supreme Court was understood and recognized by a legal system of Lithuania long ago. Historical sources and researches reveal to us now that one of the main reasons why this was done was in fact huge workload of a superior court and delay that was not uncommon in those times. It could take ten or more years to decide some cases before the Supreme Tribunal of the Grand Duchy. -
Bar of Ireland Section 33 Submission – Annual Report 2019
Submission by Council of The Bar of Ireland to the Legal Services Regulatory Authority on the Admission Policies of the Legal Professions as required by Section 33 of The Legal Services Regulation Act 2015 6th February 2020 CONTENTS 1. INTRODUCTION ...................................................................................................................... 2 2. SCOPE OF SUBMISSION .......................................................................................................... 2 3. KEY MEMBERSHIP DATA 2019 ................................................................................................ 3 4. DEMAND FOR BARRISTER SERVICES ....................................................................................... 3 4.1 The Legal Aid Board - Civil Legal Aid ............................................................................ 4 4.2 Department of Justice and Equality - Criminal Legal Aid ............................................. 5 4.3 Office of the Director of Public Prosecutions .............................................................. 5 4.4 Office of the Attorney General/Chief State Solicitor’s Office ...................................... 6 4.5 State Claims Agency ..................................................................................................... 7 4.6 Office of Government Procurement ............................................................................ 8 5. PRO BONO AT THE BAR .......................................................................................................