Courts (Supplemental Provisions) Act, 1961
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General jurisdiction of Supreme Court. |
7.—(1) The Supreme Court shall be a superior court of record with such appellate and other jurisdiction as is prescribed by the Constitution. | |
(2) There shall be vested in the Supreme Court— | ||
(a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former Court of Appeal in Southern Ireland or any judge or judges thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court, | ||
(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court. | ||
(3) Subject to subsection (4) of this section, an appeal to or other matter cognisable by the Supreme Court shall be heard and determined by five judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the Supreme Court. | ||
(4) The Chief Justice or, in his absence, the senior ordinary judge of the Supreme Court for the time being available may determine that an appeal to or other matter cognisable by the Supreme Court, not being a matter so cognisable under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution, is to be heard and determined by three judges and, where such a determination is made, the appeal or matter to which the determination relates shall be heard and determined by three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the Supreme Court. |