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

  title={R. (Martin) v Mahony: the History of a Classical Certiorari Authority},
  author={Kevin Costello},
  journal={The Journal of Legal History},
  pages={267 - 287}
  • K. Costello
  • Published 1 December 2006
  • History, Law
  • The Journal of Legal History
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… 
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