highest courts in the land with the Supreme Court being the court of final appeal.Up until 1961 the courts in operation were ‘transitory’ courts under Article 58 of the Constitution. After the state[Killian] versus Minister for Finance[1954 IR207]the courts[establishment and Constitution]act 1961 was passed to regularize the position and ‘establish’ the court system envisaged by Article 34.1. This system remains in existence today and is where Judges operate under. Political Aspects.Under the Constitution the judicial function is the third organ of government and consists of the interpretation of the Constitution and the law and its application by rule or discretion to disputes which arise between the State and the individual, and between individual and another individual. Justice is to be administered in courts, established by statute law, by judges appointed in the manner prescribed in the Constitution (Article. 34)The President appoints judges of the ordinary courts. A judge cannot be a member of the Oireachtas, or hold any other position of emolument (Article. 35) and on appointment makes a constitutional declaration to ‘duly and faithfully and to the best of his knowledge and power execute the office without fear or favour, affection or ill-will towards any man, and that he will uphold the Constitution and the laws.’ Should this declaration not be made within ten days of entering office, a judge is considered to have vacated that office (Article. 34).The appointment of a judge on the advice of the Government is not one of presidential discretion, but is a function which, in conformity with Article 13.9, is to be performed ‘only on the advice of the Government’. The appointment of a judge, as Finlay P. said in The State (Walshe) V. Murphy is an act ‘requiring the President’s intervention for its effectiveness in law, (but) in fact (it is) the decision and act ...
