The Judicial Appointments Commission Bill [2023]

On 13 October 2023, the President of Ireland referred the Judicial Appointments Commission Bill to the Supreme Court under Article 26 of the Constitution, the first time the current President has exercised his power under Article 26, and only the sixteenth such referral in the history of the State.

In this first piece of this series, we examine the key part of the Supreme Court's decision to uphold the constitutionality of the legislation.

Introduction

The Judicial Appointments Commission Act 2023Opens in new window was signed by the President on 8 December 2023. It is a significant piece of legislation, replacing the body previously responsible for recommending candidates for judicial office to the Government (the Judicial Appointments Advisory Board or JAAB) with the Judicial Appointments Commission ("the Commission"). The overall aim of the legislation is to strengthen the independence of the judiciary, create more transparent appointment procedures and