History of Irish and French Terrorism

Hence, despite the legislative framework which supports them, the special courts are often perceived as a manifestation of the arbitrary action of the public authorities, and they are designed to cope with difficult events. .
             This assertion is easily understood with respect to terrorist offenses. Due to the impact that this phenomenon has on the population, States have the duty to act rapidly and to show determination to alleviate the terror that can be created by terrorist activities. The setting up of special courts is a response to this state of emergency, and it is when they have been submerged by waves of terrorism that France and Ireland have taken the decision to create a Specialized Court of Assizes for the former and a Special Criminal Court for the latter. Consequently, these special courts do not always appear to have a sound legal basis due to the fact that they constitute a breach of the common law. .
             Section 1 - The Establishment of the Special Criminal Court in Ireland .
             Article 38 of the Irish Constitution of 1937 guarantees the right for "all persons to be tried for a criminal offense according to the due process of law": "no person shall be tried on any criminal charge save in due course of law". Moreover, article 38.5 lays down the right for all persons accused of having committed a criminal offense to be tried by jury: "save in the case of the trial of offenses under section 2, section 3 and section 4 of the article.no person shall be tried on any criminal charge without a jury." Article 38 nevertheless specifies three derogations to this fundamental principle: offenses carried out by minors (minor offenses Art. 38.2); military offenses (Art.38.3-4); when a special court has been established to try certain criminal offenses. .
             Article 38.3-4 3e of the Irish Constitution states: "Special courts may be established by law for the trial of offenses in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the administration of justice and the preservation of public peace and order.