Judicial Review Of Tribunals Of Inquiry, An Evaluation Of Irish Experience

Judicial Review Of Tribunals Of Inquiry, An Evaluation Of Irish Experience

Introduction

Judicial review is a penal measure presentence pronounced in the course of the investigation. It may be ordered in respect of a person under investigation who faces imprisonment or a correctional prison sentence. It is between freedom and detention, the extent of judicial review is binding and restrictive of freedoms. While guaranteeing the principle of preserving freedom in the person under investigation, presumed innocent, the judicial review, required to submit to one or more bonds selected by the judges among those exhaustively listed in the Act.

In its modern form, the judiciary is a complex organ with functions jurisdiction in civil, criminal, constitutional and administrative structure, which is personified in the figure of the judge. It is general to the exercise of judicial power, one of the three branches of state law in the classical theory of Montesquieu. In general, the courts have jurisdiction because of all branches of law where there is a trial stage, and the classical function (and for some typical systems) to the magistrate's court, in consideration of this aspect may therefore have also magistrates specialized materials (military judiciary, civil, criminal, bankruptcy, accounting, tax, administrative, etc.). Inside the bodies of magistracy may also have further distinctions? One of the best known, with special reference to the criminal procedural law, is that between the judiciary and magistracy prosecutor, according to the legal system provides that membership of the office of public prosecutor is or is not reserved to the exclusive jurisdiction of all members' court order, based on that - ultimately - the formal classification of people admitted to this public function. In systems of common law, the function is typically delegated to the adversarial prosecutor, which therefore belongs to the judiciary, which includes only judges (and service roles for the trial stage).

In the jurisdictions, the judiciary differs in the mode of access to roles that is the way of choosing those who will be part of it. Generally, the selection is made based on qualifications (i.e. possession of certain requirements) or competition, or you have the elected officials in some systems there are also combinations of these modalities or different modes for the different roles expected. The magistrates may then, in some systems, enjoy an independent body for monitoring and management of its internal work at the same court order, a body which therefore functions as ”self-government". The magistrates then differ in the degree of independence guaranteed to them in their systems, with particular attention to relations with other branches of government (legislative and executive power). This aspect can bind immunity or other guarantees, including liability for accidents on the work of judges, where these are deemed necessary to preserve the legal action from conditions or impairments of the liberty of carrying out the function.

This paper would focus on discussing the judicial review of tribunals of inquiry, an evaluation of Irish experience, by discussing the historical background related ...