Judicial Appointments Commission Bill under the spotlight this week

Posted on: 13 November 2023

The upcoming examination of the Judicial Appointments Commission Bill by the Supreme Court will be the subject of a conference in Trinity College Dublin on Tuesday, November 14.

Hosted by the Trinity Centre for Constitutional Governance (TriCON) at the School of Law, the conference will explore the issue of judicial appointments, the background to the Bill, and the constitutional issues that arise for determination.

President Higgins’ referral of the Judicial Appointments Commission Bill to the Supreme Court is his first and only the 16th Article 26 reference in the history of the State. The Bill was enacted by the two Houses of the Oireachtas after much debate, domestic controversies and external pressure. 

It raises fundamental questions about how judges are appointed and the constitutional balance of power between the Government, the Oireachtas and the Courts. Whatever the Court decides, re Article 26 and the Judicial Appointments Commission Bill will be one of the most significant constitutional cases of recent decades.

The Trinity Centre for Constitutional Governance (TriCON) is convening the conference, on the eve of the hearing before the Supreme Court (Nov 15th) to explore the issue of judicial appointments, the background to the Bill, and the constitutional issues that arise for determination.

Among the topics to be covered are the Court’s approach to previous Article 26 references, the international GRECO reports that were critical of Ireland’s approach to judicial appointments, the relevance of diversity and merit to judicial selection, and constitutional arguments around the Government’s power to appoint judges. 

Professor Oran Doyle commented: “The Judicial Appointments Commission Bill reflects debates on judicial appointments going back over a decade. Many people have claimed that the Bill too greatly restricts the power of the Government to appoint judges. In advance of the Supreme Court’s hearing deciding this issue, this conference provides an opportunity to explore the arguments about the Bill’s constitutionality and assess the likely significance of the Court’s judgment for constitutional law and governance.”

Professor Aileen Kavanagh, Director of TriCON, added: The Judicial Appointments Commission Bill Reference, like the 15 previous presidential references, will shape the development of Irish constitutional law. TriCON brings together the expertise to explore what the case means for the separation of powers and judicial independence. As in many other areas, Ireland provides an example of how to protect the values of constitutionalism.

More information and registration details available from the School of Law website. 

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