Nicholas Kearns

Nicholas Kearns (born 1946) is 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 is the most senior Irish judge after Chief Justice Susan Denham. He was appointed as President of the High Court in October 2009.^[1]

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.^[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 that:

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.

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