Nicholas Kearns

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,

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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