Structure of my court report is as follows:
1. Cover Sheet
4. Sources of Law
5. Court System in Ireland
6. Legal Personnel
7. Restrictions on Journalists
8. Background to case
10. Facts of the case
12. Critical evaluation of the case
For my court report I decided to visit Cloverhill District Court in Clondalkin, Dublin 22.
The court case I am reporting is a case about an assault on two men with a baseball bat.
Christopher Whelan was the man who was convicted of assaulting the two men with the baseball bat; he was appealing for bail in front of the high court.
Sources of Law
Constitution of Ireland, 1937: Following the 1937 constitution of Ireland under section 34.1 it states that justice shall be administered in courts established by law by Judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.
This means that members of the public are allowed to sit in through any court case they wish.
* Section 34.2 states that the Courts shall comprise Courts of First Instance and a Court of Final Appeal.
A very relevant section in the constitution on Ireland in relation to the courts is section 38 which is as follows:
1. No person shall be tried on any criminal charge save in due course of law.
2. Minor offences may be tried by courts of summary jurisdiction.
3. 1° Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.
2° The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.
4. 1° Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion.
2° A member of the Defence Forces not on active service shall not be tried by any court-martial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any court-martial or other military tribunal under any law for the enforcement of military discipline.
5. Save in the case of the trial of offences under section 2, section 3 or section 4 of this Article no person shall be tried on any criminal charge without a jury.
6. The provisions of Articles 34 and 35 of this Constitution shall not apply to any court or tribunal set up under section 3 or section 4 of this Article.
Separation of Powers:
The Constitution regulates the structures and functions of the principal organs of government
and also regulates the relationship between these institutions by setting out the balance of power between them.
The Constitution does this by means of the separation of powers between the three branches of government – the legislature, the executive and the judiciary.
The Constitution also regulates the relationship between these organs of government and the citizens of Ireland.
In addition to setting out the balance of power between the organs of government, the Constitution also contains Articles guaranteeing fundamental rights of citizens such as equality before the law, property rights, personal liberty and freedom of religion.
The Courts are responsible for interpreting the provisions of the Constitution. This function is a very important one.
The EU Law:
European Union law is applied by the courts of member states and where the laws of member states provide for lesser rights than European Union law, European Union law can be enforced by the courts of member states.
In case of...