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The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski
The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski
Reports
Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2].
The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions …
Do Irish Courts And The European Court Of Human Rights Have Achieved The Correct Balance Between Protection Of The Rights Of Individual Prisoners And Pragmatic Concerns Regarding The Proper Functioning Of The Prison System., Adrian Berski
Reports
Nowadays it is very hard to find the relevant balance between decisions of the Irish Courts and European Court of Human Rights (ECtHR), regarding the rights of individual prisoners and the proper functioning of the prison system. On one side, the main function of the courts is resolution dispute, apply the relative law and most importantly: protecting the law and human rights. On the other hand, court decisions have to be based on the relevant prison and justice systems that applies to each particular country.
It is worth taking into consideration that decisions made by the European Court of Human …
Determinants Of The Irish Bail System Before And After 1997., Adrian Berski
Determinants Of The Irish Bail System Before And After 1997., Adrian Berski
Reports
Bail can be defined as:
The setting at liberty of an accused person upon others becoming sureties for the accused at his trail. The decision to admit a person to bail is judicial matter and, consequently, the court cannot delegate the exercise of this judicial power to an administrative official[1].
According to the above definition it should be emphasized that an accused person has to ensure the State that he/she will return to the court proceedings or Garda Síochána Station at the particular time. It is imperative that bail is established on the fact that a criminal is …