Nicholas Kearns
Nicholas Kearns | |
|---|---|
| President of the High Court | |
| In office October 2009 – 19 December 2015 | |
| Nominated by | Government of Ireland |
| Appointed by | Mary McAleese |
| Preceded by | Richard Johnson |
| Succeeded by | Peter Kelly |
| Personal details | |
| Born | 1946 Dublin, Ireland |
| Alma mater | King's Inns |
| Profession | Judge, Barrister |
Nicholas Kearns (born 1946) is a former Irish judge, who was the President of the High Court of Ireland, and ex officio member of the Supreme Court. He was appointed a judge of the High Court in 1998 and was appointed to the Supreme Court in November 2004. He was appointed as President of the High Court in October 2009.[1] He retired as President of the High Court on 19 December 2015.
Doherty v. Ireland
On 12 July 2010, the High Court granted leave to Sinn Féin Senator Pearse Doherty for a judicial review into why a by-election was not being held in Donegal South-West.[2] The seat was vacant since June 2009 following the resignation of Fianna Fáil TD Pat "the Cope" Gallagher on his election to the European Parliament. On 2 November 2010, the High Court ruled that there was an unreasonable delay in holding the by-election. In his ruling, Kearns P. described the delay as unprecedented[3] and that the delay amounted to a breach of Doherty's constitutional rights. He declared that Section 30 (2) of the Electoral Act 1992 should be construed as requiring that a writ for a by-election be moved within a reasonable time of the vacancy arising.[4] He further stated,
...it is the ongoing failure to move the writ for this by-election since June 2009 which offends the terms and spirit of the Constitution and its framework for democratic representation.[5]
However, Justice Kearns did not order the Government to set a date for the by-election. The Government announced on 4 November 2010 that the by-election would be held on 25 November. They also stated that they would appeal to the Supreme Court.[3] On 26 November 2010, Doherty won the by-election.
References
- ^ Coulter, Carol (7 October 2009). "Government nominates new president of High Court". The Irish Times. Retrieved 15 October 2009.
- ^ "Bye-election judicial review is allowed". RTÉ News. 12 July 2010. Retrieved 12 July 2010.
- ^ a b "Government to hold bye-election this month". RTÉ News. 3 November 2010. Retrieved 3 November 2010.
- ^ "Court declares byelection delay unconstitutional". The Irish Times. 4 November 2010.
- ^ "Doherty -v- Government of Ireland & Anor". www.courts.ie. 3 November 2010. Retrieved 3 November 2010.