The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law." 5 Special courts can therefore be established in Ireland to try certain criminal offenses when it can be determined that the ordinary courts are inadequate to secure the administration of justice and the preservation of public peace and order Phrase à supprimé (doublon). .
1: The Historical Justifications for Special Courts in Ireland .
The Irish Constitution provides for the existence of special courts specifically in the constitution, and this may seem to contradict what was stated in the introduction, i.e. that the setting up of special courts is often the result of a state of emergency that the executive power is obliged to deal with. In reality, this provision in the constitution can be easily explained. .
Ireland in 1937 is not at its first attempt to establish a constitution, although it is still a burgeoning Republic.
Indeed, following the war of independence which led to the Treaty of 1922 granting autonomy to the south of the island, a Constitution had already been put in place and governed the State from 1922 to 1935. However, the period following the Treaty enshrining the partition of the island was a very turbulent period marked by great violence and terrorist acts. This violence took place in particular between the opponents of the Treaty who could not accept the partition of the island, and the submission of the north to the British crown, and the partisans of the Treaty of 1922 who resigned themselves, along with the leader Collins, to the partial independence of their homeland. .
This violence had led the leaders of the Irish State to set up special courts to try acts of terrorism and in particular to try the members of the Irish Republican Army. But at the time, the Constitution made no provision for specialized courts to try detractors of the Republic. The establishment of these courts was therefore carried out by means of an amendment.
