Structure of the Courts

Question 1

Irish Times v Ireland

Answer 1

SC held that the courts enjoy an inherent jurisdiction to order hearings ‘otherwise than in public’

Question 2

Re Ansbacher

Answer 2

® Court held that the right to have justice administered in public outweighed the right to a good name

Question 3

Gilchrist

Answer 3

® Court held principles for in public requirement:
i) Administration of justice in public remains a fundamental constitutional value
ii) However, there are circumstances where this can be waived
iii) Any such exception must be strictly construed
iv) Any such exception may be provided for by statute or exercised by the court’s common law power
v) When under the common law power, the reasons must be very clear as to why it is not being held in public
vi) It may be appropriate to hear cases otherwise than in public if constitutional values and interests could be damaged or destroyed
vii) The court must consider any lesser steps first
e.g. protecting witness’s identity, redacted transcript

Question 4

Melling

Answer 4

sets out test for severity of offence:
1) The severity of the penalty
2) Moral quality of the act alleged
3) State of law at the time of the enactment of the relevant legal texts
Public opinion at the time of enactment

Question 5

O’Byrne v Minister for Finance

Answer 5

‘the danger of interference with independence is obviously from the executive and legislative organs of government’