Democracy is a mechanism through which free people engage to provide order and protection of the individual’s human and prescribed rights. The lynchpin of success is adherence to the established law. The final arbiter of those rights under the law resides in the courts. The Supreme Court of Ireland has repeatedly declared “fair procedure” a sacrosanct constitutional right. It has also declared that even a final decision rendered by that body must be subject to examination if it is demonstrated that a decision of that court fails the citizen’s constitutional right of “fair procedure”.
The Supreme Court has unequivocally stated that the burden of proof against a court’s decision is the responsibility of one challenging the decision(s). To that requirement court documents are the most reliable means of identifying the nature and substance of a challenge. While a single case may demonstrate non-adherence with the sacrosanct requirement of fair procedure the argument is enhanced through presentation of multiple cases. This permits the establishment of a fact pattern.
In the matter of The Honourable Mr. Justice Frank Clarke, CJ., Supreme Court.
In the matter of The Honourable Mr. Justice Donal O’Donal, Supreme Court.
In the matter of The Honourable Mr. Justice Liam McKechmnie, Supreme Court.
In the matter of The Honourable Mr. Justice Sean Ryan, The Court of Appeal, Court of Appeal President, ex officio Supreme Court.
In the matter of The Honourable Mr. Justice Gerard Hogan, The Court of Appeal.
In the matter of Mr. Justice Paul Gilligan, High Court, Chancery, retired 2018.
In the matter of Mr. Justice Donald Binchy High Court.
In the matter of Mr. Justice Tony O’Connor High Court.
The nature and substance in each matter listed above will be presented through court documents in a series of upcoming blog posts on Irish Courts Watch.