R. (Martin) v. Mahony: The History of a Classical Certiorari Authority

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Title: R. (Martin) v. Mahony: The History of a Classical Certiorari Authority
Authors: Costello, Kevin
Permanent link: http://hdl.handle.net/10197/6060
Date: 1-Dec-2006
Abstract: R. (Martin) v Mahony, a decision of the Irish High Court of 1910, continues to be acknowledged by modern textbook writers as a leading authority for the classical rule that certiorari could not correct error of law. This rule, which considerably reduced judicial superintendence of magistrates' courts, had been established by the English court of Queen's Bench in the 1840s. However, the rule was repudiated by the Exchequer Division in Ireland in the late 1880s, which developed a novel, liberal theory of certiorari. This doctrinal innovation, which was used in overturning convictions under the anti-boycotting statute, the Criminal Law and Procedure Act 1887, appalled sections of Lord Salisbury's government, was disapproved of by the English courts, and split the Irish judiciary. The division caused by the doctrine persisted until 1910 when the Irish High Court, having assembled in banc in Martin's Case in order to resolve the impasse, re-established orthodox English doctrine.
Type of material: Journal Article
Publisher: Taylor and Francis
Copyright (published version): 2006 Taylor and Francis
Keywords: Legal history;Law and legislation
DOI: 10.1080/01440360601041126
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

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