Nicholas Kearns
The Hon. Mr. Justice Nicholas Kearns |
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President of the High Court | |
In office October 2009 – 19 December 2015 |
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Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
Preceded by | Richard Johnson |
Succeeded by | Peter Kelly |
Personal details | |
Born | 1946 Dublin, Ireland |
Nationality | Irish |
Alma mater | King's Inns |
Profession | Judge, Barrister |
Nicholas Kearns (born 1946) 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,
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...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
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Legal offices | ||
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Preceded by | President of the High Court October 2009–December 2015 |
Succeeded by Peter Kelly |
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