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Talk:Courts of the Republic of Ireland

Latest comment: 5 years ago by Galobtter in topic Requested move 7 October 2018
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Please expand the "Appointment of judges" section edit

Latest comment: 14 years ago1 comment1 person in discussion

If any one can add to the "Appointment of judges" section please do.--92.251.255.18 (talk) 10:51, 19 January 2010 (UTC)Reply

Requested move 26 April 2016 edit

Latest comment: 7 years ago4 comments4 people in discussion
The following is a closed discussion of a requested move. Please do not modify it. Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a move review. No further edits should be made to this section.

The result of the move request was: Moved. Consensus that this is a better title and it's already a redirect here.  — Amakuru (talk) 11:22, 19 May 2016 (UTC)Reply


Courts of the Republic of Ireland → Judiciary of the Republic of Ireland – Standardizing the name of main articles in Category:Judiciaries. Piotr Konieczny aka Prokonsul Piotrus| reply here 08:09, 26 April 2016 (UTC) relisted --Mike Cline (talk) 13:47, 4 May 2016 (UTC) Reply

The above discussion is preserved as an archive of a requested move. Please do not modify it. Subsequent comments should be made in a new section on this talk page or in a move review. No further edits should be made to this section.

External links modified edit

Latest comment: 7 years ago1 comment1 person in discussion

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External links modified edit

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Requested move 7 October 2018 edit

Latest comment: 5 years ago22 comments10 people in discussion
The following is a closed discussion of a requested move. Please do not modify it. Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a move review. No further edits should be made to this section.

The result of the move request was: MOVED (non-admin closure) Galobtter (pingó mió) 12:03, 23 October 2018 (UTC)Reply

Judiciary of the Republic of Ireland → Courts of the Republic of Ireland – I'd like to propose a move back to the old title. In the Irish legal context the Judiciary refers to the body of judges who sit in the courts not the courts themselves. This is not an article about the judiciary, not more than an article about an article about a university is about academics. As it stands if the current title is kept the lead should be changed to: "The Judiciary of Ireland consist of the judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court." I think that sounds a bit odd so I'd like to propose reverting the rename instead. — Blue-Haired Lawyer t 13:56, 7 October 2018 (UTC)Reply

  • Oppose It's the same name as for the UK. We share the same legal system in most areas, apart from a written constitution. The term "Judiciary" covers both judges and courts. Same as the term "Oireachtas" covers all houses of parliament and the Presidency. Same as the term "Executive" covers both departments of state and the ministers who head them. Laurel Lodged (talk) 16:28, 7 October 2018 (UTC)Reply
Also per WP:CONSISTENCY with Judiciaries of the United Kingdom. Laurel Lodged (talk) 20:19, 8 October 2018 (UTC)Reply
The primary meaning of judiciary is simply "the judges of a state collectively". This is the only definition given in the Concise Oxford English Dictionary 9th edition. The page Judiciary of England and Wales quite clearly discusses judges and not the system in general. The infobox even says the article is "is part of the series: Courts of England and Wales". As Rreagan007 points out the courts are discussed at Courts of England and Wales. — Blue-Haired Lawyer t 12:18, 9 October 2018 (UTC)Reply
Comment It already is. See Category:Judiciaries by country. Laurel Lodged (talk) 21:36, 11 October 2018 (UTC)Reply
In fairness there appear to be more "Judiciary of" articles than "Courts of" articles, but not so many as would indicate a convention either way. And as with England and Wales Judiciary is frequently taken as referring to the judges and not the judicial system as a whole.
Closer to home it is worth noticing that:
  • the word "judiciary" does not appear in the Irish Constitution but "courts" appears more than 30 times,
  • the body responsible for managing the administration of the judicial system is called the Courts Service, and
  • according to the Association of Judges of Ireland:
The Judiciary are those appointed by the President of Ireland under Article 35.1 of the Constitution of Ireland. However, this function of appointing judges is not one of Presidential discretion. Rather, and in accordance with Article 13.9 of the Constitution of Ireland, when the President of Ireland appoints a judge he does so “on the advice of the Government”.[1]
— Blue-Haired Lawyer t 01:42, 12 October 2018 (UTC)Reply
Re closer to home: the word "executive" doesn't appear either I think, but we still have one, locally called the government. So we should stick to international usage rather than local conventions for categorisation & navigation purposes. Individual article names can retain local variations of the same theme. Laurel Lodged (talk) 10:30, 14 October 2018 (UTC)Reply
I don't know why you keep mentioning executive. There are no articles at either Executive of Ireland or Executive of the Republic of Ireland. And where would this leave the Oireachtas? — Blue-Haired Lawyer t 08:41, 15 October 2018 (UTC)Reply
  • Support. Some may recognise the topic of the article by its current name but many will not, and instead assume it's just about the judges. Everyone will recognise the topic by the proposed name. Andrewa (talk) 10:36, 15 October 2018 (UTC)Reply
  • Support move. Spleodrach (talk) 14:55, 15 October 2018 (UTC)Reply
  • Support Use of the word 'judiciary' to mean 'court system' seems to be largely an Americanism: use of the word in Ireland would more often refer directly to the collective of judges. That raises the idea that many of the other articles at 'Judiciary of ...' should, under the principles of MOS:COMMONALITY, also be moved to 'Courts of ...' Kevin McE (talk) 16:54, 20 October 2018 (UTC)Reply
It could equally be said then that an interpretation of the word 'judiciary' to mean just judges is just Anglo-centric and out of step with the rest of the English-speaking world. See Singapore and other former countries of the Empire. Laurel Lodged (talk) 11:11, 21 October 2018 (UTC)Reply
It could indeed. So the purposes of COMMONALITY would be met by having articles about court systems entitled Courts of Fooland and if there are separate articles about the judges, they would be at Court Officials in Fooland or something similar. But that is not a formal proposal here, so let's not divert the discussion further. Kevin McE (talk) 20:41, 21 October 2018 (UTC)Reply
This American is only familiar with "judiciary" in the sense of "collective of judges".This supposed Americanism of "judiciary" as meaning "court system" seems more like a non-American has become confused with our usage of "judicial branch". --Khajidha (talk) 22:06, 21 October 2018 (UTC)Reply
I don't think that was any part of my confusion: please trust me to be able to distinguish between a noun and an adjective. My printed dictionary which tends to be light on Americanisms does not include this meaning for 'judiciary', and Cambridge dictionary online gave only this disputed application as US usage. It is at best very rare in British- and Hiberno-English. So where exactly is 'judiciary' a word whose primary meaning is 'court system'? A bulk move of Judiciary of Fooland articles looks more justified than it did when I raised it, it seems to hit few of the five characteristics of good naming. Kevin McE (talk) 09:13, 22 October 2018 (UTC)Reply
I did not mean to imply anything about you, Kevin McE, I was trying to say that the initial use of judiciary to mean court systems in these articles may have come about through such confusion by person or persons unknown. Agree with you on the bulk move. --Khajidha (talk) 10:55, 22 October 2018 (UTC)Reply
Blame Montesquieu. Perhaps his French has been mis-translated:

"Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary controul; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.".

.
He started the whole separation of powers notion. It's clear from his usage of the term that he envisages the whole system of the wielding of the power, not just the person or judge wielding that power. It's the power system that he is trying to describe. Laurel Lodged (talk) 21:25, 22 October 2018 (UTC)Reply
The word 'judiciary' in that quote (which is adjectival rather than a noun, so not strictly appropriate) could perfectly legitimately be read as reference to the body of judges, not the whole court system: it personifies 'judiciary' as 'the judge'. So if you were trying to suggest that the translation of the French thoughts of an early eighteenth century aristocratic philosopher is relevant to 21st century English language usage, you may have shot your oppose !vote in the foot. Kevin McE (talk) 08:22, 23 October 2018 (UTC)Reply
  • Support. The current reads as describing people, not the system. The judiciary are the people working the court system (among other people). —SmokeyJoe (talk) 09:52, 23 October 2018 (UTC)Reply
The above discussion is preserved as an archive of a requested move. Please do not modify it. Subsequent comments should be made in a new section on this talk page or in a move review. No further edits should be made to this section.
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