Irland, 4. Oktober 2013 : Schaffung eines Appellationsgerichts
Gebiet
Irland
┗━ Stellung
unabhängiger Staat
Datum
Vorlage
Schaffung eines Appellationsgerichts
┗━ Fragemuster
Entscheidungsfrage
┗━ Gesetzliche Grundlage
Obligatorisches Referendum → durch Parlament → bindend → Stufe: Verfassung → Partialrevision (Einzelthema)
Ergebnis
angenommen
┗━ Mehrheiten
gültige Stimmen
Stimmberechtigte
3'167'384
Stimmbeteiligung
1'240'135
39,15%
Stimmen ausser Betracht
20'080
Gültige (= massgebende) Stimmen
1'220'055
auf die gültigen Stimmen bezogen
┗━ Ja-Stimmen
795'008
65,16%
┗━ Nein-Stimmen
425'047
34,84%
Bemerkungen
Bis jetzt können alle Gerichtsfälle bis vor das Oberste Gericht
(Supreme Court) weitergezogen werden. Durch die hohe
Anzahl von Fällen besteht dort eine Wartefrist von mehreren Jahren. Um diesem
Zustand abzuhelfen, soll dem Obersten Gericht als neue Instanz ein
Appellationsgericht (Court of Appeal) vorgeschaltet
werden. Dieses soll als letzte Instanz in "normalen" Fällen dienen, während
das Oberste Gericht selber entscheidet, welche Fälle es als wichtig genug
erachtet, um sie zu behandeln.
Art. 34 definiert die neue Gerichtsinstanz. Dazu kommen Übergangsbestimmungen
für die Inkraftsetzung (Art. 34A) und die hängigen Fälle (Art. 64). In vielen
weiteren Artikeln wird die Gerichtsinstanz umbenannt.
Obligatorisches Verfassungsreferendum nach Art. 46 und 47 der Verfassung.
Die Regierung legt das Abstimmungsdatum am fest, die Urnen sind von bis geöffnet.
Art. 34 (neue Fassung)
"(1) 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.
(2) The Courts shall comprise:
Courts of First Instance;
a Court of Appeal; and
a Court of Final Appeal.
(3) 1° The Courts of First Instance shall include a
High Court invested with full original jurisdiction
in and power to determine all matters and
questions whether of law or fact, civil or criminal.
2° Save as otherwise provided by this Article, the
jurisdiction of the High Court shall extend to the
question of the validity of any law having regard
to the provisions of this Constitution, and no such
question shall be raised (whether by pleading,
argument or otherwise) in any Court established
under this or any other Article of this Constitution
other than the High Court or the Supreme Court.
3° No Court whatever shall have jurisdiction to
question the validity of a law, or any provision of
a law, the Bill for which shall have been referred
to the Supreme Court by the President under
Article 26 of this Constitution, or to question the
validity of a provision of a law where the
corresponding provision in the Bill for such law
shall have been referred to the Supreme Court by
the President under the said Article 26.
4° The Courts of First Instance shall also include
Courts of local and limited jurisdiction with a
right of appeal as determined by law.
(4) 1° The Court of Appeal shall—
save as otherwise provided by this Article, and
with such exceptions and subject to such regulations as may be prescribed
by law,
have appellate jurisdiction from all decisions of the High Court, and shall
also have appellate jurisdiction from such decisions of other courts as may be
prescribed by law.
2° No law shall be enacted excepting from the appellate jurisdiction of the
Court of Appeal cases which involve questions as to the validity of any law
having regard to the provisions of this Constitution.
3° The decision of the Court of Appeal shall be final and conclusive, save as
otherwise provided by this Article.
(5) 1° The Court of Final Appeal shall be called the Supreme Court.
2° The president of the Supreme Court shall be called the Chief Justice.
3° The Supreme Court shall, subject to such regulations as may be prescribed
by law, have appellate jurisdiction from a decision of the Court of Appeal if
the Supreme Court is satisfied that—
the decision involves a matter of general public importance, or
in the interests of justice it is necessary that there be an appeal to the
Supreme Court.
4° Notwithstanding section 4.1° hereof, the Supreme Court shall, subject to
such regulations as may be prescribed by law, have appellate jurisdiction from
a decision of the High Court if the Supreme Court is satisfied that there are
exceptional circumstances warranting a direct appeal to it, and a precondition
for the Supreme Court being so satisfied is the presence of either or both of
the following factors:
the decision involves a matter of general public importance;
the interests of justice.
5° No law shall be enacted excepting from the appellate jurisdiction of the
Supreme Court cases which involve questions as to the validity of any law
having regard to the provisions of this Constitution.
6° The decision of the Supreme Court shall in all cases be final and
conclusive.
(6) 1° Every person appointed a judge under this
Constitution shall make and subscribe the
following declaration:
"In the presence of Almighty God I do
solemnly and sincerely promise and declare that I
will duly and faithfully and to the best of my
knowledge and power execute the office of Chief
Justice (or as the case may be) without fear or
favour, affection or ill-will towards any man, and
that I will uphold the Constitution and the laws.
May God direct and sustain me."
2° This declaration shall be made and subscribed
by the Chief Justice in the presence of the
President, and by each of the other judges of the
Supreme Court, the judges of the High Court and
the judges of every other Court in the presence of
the Chief Justice or the senior available judge of
the Supreme Court in open court.
3° The declaration shall be made and subscribed
by every judge before entering upon his duties as
such judge, and in any case not later than ten days
after the date of his appointment or such later date
as may be determined by the President.
4° Any judge who declines or neglects to make
such declaration as aforesaid shall be deemed to
have vacated his office."
Art. 34A (Übergangsbestimmung zur Inkraftsetzung)
"(1) The Court of Appeal referred to in paragraph ii of Article 34.2
hereof (“the Court of Appeal”) shall be established in accordance
with this Article.
(2) As soon as practicable after the enactment of this Article, a law
providing for the establishment of the Court of Appeal shall be
enacted.
(3) That law shall require the Government to appoint by order a day
("the establishment day") on which the Court of Appeal shall be
established by virtue of that law; an order of the Government as
aforesaid shall operate to have that effect accordingly.
(4) This Article shall be omitted from every official text of this Consti-
tution published after the establishment day."
Art. 64 (Übergangsbestimmung für hängige Fälle)
"(1) In this Article "the establishment day" has the same meaning as
it has in Article 34A of this Constitution.
(2) 1° Sections 3 and 4 hereof apply to an appeal to the Supreme
Court initiated before the establishment day that has not been
heard, in full or in part, by the Supreme Court before that day.
2° For the purposes of this Article, an appeal shall not be taken
to have been heard in part by reason of the Supreme Court having
heard an interlocutory application relating to the appeal or, unless
the appeal itself is confined to a procedural matter, the Supreme
Court having heard any procedural application or motion in the
matter.
(3) 1° On or after the establishment day, the Chief Justice may, if the
Chief Justice is satisfied that it is in the interests of the
administration of justice and the efficient determination of appeals
to do so, and with the concurrence of the other judges of the
Supreme Court, give a direction under the seal of the Court
providing that each appeal to which this section applies falling
within a class of appeals specified in the direction shall be heard
and determined by the Court of Appeal and, where such a
direction is given, the Court of Appeal shall, subject to subsection
3° hereof, have jurisdiction to hear and determine each appeal the
subject of that direction accordingly.
2° A direction under subsection 1° hereof may contain provision
for any matter that the Chief Justice considers it appropriate to
provide for in consequence of the appeals concerned being heard
and determined by the Court of Appeal and any such provision
shall have like effect to a provision contained in an order made
by the Supreme Court.
3° The Supreme Court, on application to it that complies with
such, if any, regulations as may be prescribed by law and made by
any of the parties to an appeal the subject of a direction under
subsection 1°, may, if it is satisfied that it is just to do so, make
an order—
cancelling the effect of that direction, or
cancelling or varying the effect of any provision, referred to
in subsection 2° hereof, of that direction,
so far as it relates to that appeal.
(4) 1° If, on application to it that complies with such, if any,
regulations as may be prescribed by law and made by any of the
parties to the appeal, the Supreme Court is satisfied that it is in
the interests of the administration of justice and the efficient
determination of appeals to do so, the Supreme Court may make
an order providing that the appeal shall be heard and determined
by the Court of Appeal and, where such an order is made, the
Court of Appeal shall have jurisdiction to hear and determine the
appeal accordingly.
2° An order under subsection 1° hereof may contain provision for
any matter that the Supreme Court considers it appropriate to
provide for in consequence of the appeal being heard and
determined by the Court of Appeal.
(5) Save to the extent provided by any direction given or order made
pursuant to the powers conferred by section 3 or 4 hereof, the
exercise by the Supreme Court of its jurisdiction in relation to
appeals to that Court initiated before the establishment day shall
not be affected by the amendments of this Constitution made by
the Thirty-third Amendment of the Constitution (Court of Appeal)
Act 2013.
(6) Notwithstanding any amendments of this Constitution made as
aforesaid, the Supreme Court shall continue to have appellate
jurisdiction from decisions of the Court of Criminal Appeal that
stood established before the establishment day to the extent
provided, and subject to the same regulations as were prescribed,
by law immediately before the establishment day, and sections 3
and 4 hereof shall not apply to an appeal from a decision of the
Court of Criminal Appeal.
(7) This Article shall be omitted from every official text of this
Constitution published on or following the expiry of one year after
the establishment day."
