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President Higgins signs Judicial Appointments Commission Bill 2022

Date: Fri 8th Dec, 2023 | 12:53

The President has been advised by the Registrar of the Supreme Court that the Supreme Court has today upheld the constitutionality of the Judicial Appointments Commission Bill 2022 and that he may now proceed to sign the Bill in the manner provided by Article 26.5.3˚ of the Constitution.

Given the vital importance of ensuring the constitutionality of judicial appointments, the President welcomes the Supreme Court’s decision.

In line with the foregoing, the President has this afternoon signed the Judicial Appointments Commission Bill 2022 into law.

ENDS

Notes to Editors:

Today’s judgment is the 16th time that the Supreme Court has provided a ruling with regard to the constitutionality of a piece of legislation referred to it by the President of the day under Article 26 of the Constitution.

The Judicial Appointments Commission Bill 2022 is the 9th occasion that the constitutionality of the relevant legislation has been upheld by the Supreme Court. On 7 occasions, the Supreme Court has found the relevant legislation to be unconstitutional.

The Judicial Appointments Commission Bill is the first time that President Higgins has referred a Bill to the Supreme Court under Article 26 of the Constitution over the course of his terms of office.

The President made the decision to refer the Bill to the Supreme Court on 13 October 2023, following consultation with the Council of State, which was convened on 11 October, and having given consideration to the advice offered to him.

The Sections of the Bill referred to the Supreme Court included Sections 9, 10, 39, 40(2), 42, 43, 45, 46, 47, 51, 57 and 58 of the Bill. The Supreme Court has today delivered its judgement and found the referred Sections to be constitutional.