of the Executive’. This means that any attempt to change the system of appointment by ordinary legislation – by, e.g., requiring the consent of both Houses of the Oireachtas – would probably be unconstitutional in as much as it trenched on a constitutional right of the Executive.In The State (Killian) V. Minister for Justice, the Supreme Court accepted that the judges whose appointment was envisaged by this section were judges of the courts contemplated by Article. 34, i.e., courts which in 1937 were yet to be established.When these were eventually set up in 1961, by the Courts (Established and Constitution) Act of that year, the courts established by the Courts of Justice Act, 1924, and continued in their jurisdictions by the transitory provisions of Article 58., were extinguished. The judges of the old courts, however, were maintained in the equivalent ‘new’ judicial offices, by virtue of the special ‘new’ judicial offices, by virtue of the special provisions of sub-sections 5, 17 and 29 of the Courts (Supplement Provisions) Act 1961. As these were technically fresh appointments, fresh declarations under Article 34.5 had to be made.Legal Aspects.Under the ‘Courts and Court Officers Act, 1995’, it states that a body of people, who identify and inform the government of the suitability of the people who are to be appointed to a judicial office. This body is known as the Judicial Appointments Advisory Board.The board consists of:The Chief Justice, who is chairperson of the boardThe President of the High CourtThe President of the Circuit CourtThe Attorney GeneralA practicing barrister, who is nominated by the Chairperson of the Board and of the Council of the Bar of IrelandA Practicing solicitor, who is nominated by the President of the Law Society of IrelandAlso no more than 3 people appointed by the Minister who are engaged in, or have knowledge or experience of commerce, finance, ...
