ARTICLE 63.
The judicial power of the Irish Free State/Saorstat Eireann shall be
exercised and justice administered in the public Courts established by
Parliament/Oireachtas by judges appointed in manner hereinafter provided.
These Courts shall comprise Courts of First Instance and a Court of Final
Appeal to be called the Supreme Court (Cuirt Uachtarach). The Courts of
First Instance shall include a High Court (Ard Chuirt), invested with full
original jurisdiction in and power to determine all matters and questions
whether of law or fact, civil or criminal, and also Courts of local and
limited jurisdiction with a right of appeal as determined by law.
ARTICLE 64.
The judicial power of the High Court shall extend to the question of the
validity of any law having regard to the provisions of the Constitution.
In all cases in which such matters shall come into question, the High
Court alone shall exercise original jurisdiction.
ARTICLE 65.
The Supreme Court of the Irish Free State/Saorstat Eireann shall, with
such exceptions (not including cases which involve questions as to the
validity of any law) and subject to such regulations as may be prescribed
by law, have appellate jurisdiction from all decisions of the High Court.
The decision of the Supreme Court shall in all cases be final and
conclusive, and shall not be reviewed or capable of being reviewed by any
other Court, Tribunal or Authority whatsoever.
Provided that nothing in this Constitution shall impair the right of any
person to petition His Majesty for special leave to appeal from the
Supreme Court to His Majesty in Council or the right of His Majesty to
grant such leave.
ARTICLE 66.
The number of judges, the constitution and organisation of, and
distribution of business and jurisdiction among, the said Courts and
judges, and all matters of procedure shall be as prescribed by the laws
for the time being in force and the regulations made thereunder.
ARTICLE 67.
The judges of the Supreme Court and of the High Court and of all other
Courts established in pursuance of this Constitution shall be appointed by
the Representative of the Crown on the advice of the Executive Council.
The Judges of the Supreme Court and of the High Court shall not be removed
except for stated misbehaviour or incapacity, and then only by resolutions
passed by both the Chamber/Dail Eireann and the Senate/Seanad Eireann. The
age of retirement, the remuneration and the pension of such judges on
retirement and the declarations to be taken by them on appointment shall
be prescribed by law. Such remuneration may not be diminished during their
continuance in office. The terms of appointment of the judges of such
other courts as may be created shall be prescribed by law.
ARTICLE 68.
All judges shall be independent in the exercise of their functions, and
subject only to the Constitution and the law. A judge shall not be
eligible to sit in Parliament/Oireachtas, and shall not hold any other
office or position of emolument.
ARTICLE 69.
No one shall be tried save in due course of law and extraordinary courts
shall not be established. The jurisdiction of Courts Martial shall not be
extended to or exercised over the civil population save in time of war,
and for acts committed in time of war, and in accordance with the
regulations to be prescribed by law. Such jurisdiction shall not be
exercised in any area in which the civil courts are open or capable of
being held, and no person shall be removed from one area to another for
the purpose of creating such jurisdiction.
ARTICLE 70.
A member of the armed forces of the Irish Free State/Saorstat Eireann not
on active service shall not be tried by any Court Martial for an offence
cognisable by the Civil Courts.
ARTICLE 71.
No person shall, save in case of summary jurisdiction prescribed by law
for minor offences, be tried without a jury on any criminal charge.