By virtue of Ireland’s shared heritage with the United Kingdom, Ireland has a common law legal system. However, unlike the UK, Ireland also has a written constitution. When Ireland achieved its independence in 1922, the Constitution provided that:
. . . extraordinary courts shall not be established save only such military courts as may be authorized by law for dealing with military offenders against military law. The jurisdiction of Military Tribunals shall not be extended to or exercised over the civil population save in time of war. . .[See article 70 of the Constitution of Irish Free State, 1922]
The attached 2008 article titled by Colonel Tony McCourt, Military Judge“Refined and Respected” provides a synthesis of the many reforms brought to the Irish Military Justice System up until that date. We will cover changes that have taken place since then in a subsequent post.