Nicholas Kearns

The Hon. Mr. Justice Nicholas Kearns
President of the High Court
In office October 2009 – 19 December 2015
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,

“

...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

1. Coulter, Carol (7 October 2009). "Government nominates new president of High Court". The Irish Times. Retrieved 15 October 2009.
2. "Bye-election judicial review is allowed". RTÉ News. 12 July 2010. Retrieved 12 July 2010.
3. "Government to hold bye-election this month". RTÉ News. 3 November 2010. Retrieved 3 November 2010.
4. "Court declares byelection delay unconstitutional". The Irish Times. 4 November 2010.
5. "Doherty -v- Government of Ireland & Anor". www.courts.ie. 3 November 2010. Retrieved 3 November 2010.