The history & development of the Special Criminal Court : 1922-2005

Abstract

The Special Criminal Court has been a permanent feature of the Irish judicial system since May 1972. The history of the Court dates back to 1939. However, the Court established in 1939 evolved from previous courts and tribunals established under the Constitution of the Irish Free State. This thesis places the Special Criminal Court within its historical context. The Court’s history is important since any understanding of the Court as it exists today must be informed by an understanding of the Court’s development over the past sixty-five years; secondly, the history of the Court is, in and of itself, interesting. This thesis also seeks to place the Special Criminal Court in an international context. To that end reference is made to the experiences of other jurisdictions as well as the jurisprudence of the European Court of Human Rights and the United Nations' Human Rights Committee.