Call McGarr Solicitors on: 01 6351580

Home » Blog » Constitutional Law » Page 6

Constitutional Law

Constitutional law deals with the basic rights and rules set out in the Constitution of the Republic of Ireland. The Constitution is also frequently referred to by its Gaelic title Bunreacht na hEireann. Laws passed by the government of the day, or actions of state agencies or officials, may be found to be unconstitutional. Only the Superior Courts of the state- The High Court and The Supreme Court- may make a decision on the constitutionality of any disputed matter. The lower courts- The Circuit Courts and the District Courts- are then obliged to follow the interpretations of the Constitution provided by the Superior Courts. Bunreacht na hEireann is not the the supreme legal document in the Republic of Ireland. If there is a conflict between any provision of the Constitution and a provision of European Union Law, EU law will prevail.

Digital Rights Ireland Litigation

There are currently three Motions before the High Court. They are, currently appearing in Court 1 Distillery Church St. Dublin 7.

More

Irish Judicial Review

Consequently, as subordinate legislation, and in the light of Article 15.2.1 of the Constitution of Ireland, Order 84 cannot be the source of a new exclusive procedure limiting the right to challenge administrative acts by plenary proceedings [such as under S. 155 of the Chancery (Ireland) Act 1867].

More

Ireland’s privacy ranking

Ireland’s report card does not read well in the Privacy International “2007 International Privacy Rankingâ€?

More

Locus Standi (2)

Locus Standi (“standingâ€?) expresses the obligation on a litigant to show (s)he has an interest in the subject matter of the dispute in legal proceedings.

More

Human Rights Commission

THE HIGH COURT 2006 No. 3785P   Between   DIGITAL RIGHTS IRELAND LIMITED Plaintiff And   THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants 20th December 2007 1. The High Court (Clarke J.) has adjourned the application of the Irish Human Rights Commission (seeking leave to be heard in the proceedings as amicus curiae) to 28th January 2008. 2. The […]

More

RENDITION AT SHANNON, AGAIN

The response of the Garda Siochana was to order the activists to leave the airport and then to arrest them. The activists were waiting at the airport to point out the suspect aircraft. The Gardai refused to search the aircraft.

More

A JUDGES’ REFEREE

The constitutionality of Order 84 has been questioned in academic writing for the reason, that is, that the civil, property and constitutional rights of citizens cannot be lawfully adjudicated on within the narrow parameters and inadequate legal basis of Order 84 and that, at the very least, primary legislation is required to underpin the legality of Irish Judicial Review.

More

DRI and IHRC

THE HIGH COURT 2006 No. 3785P Between DIGITAL RIGHTS IRELAND LIMITED Plaintiff And THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants UPDATE The Plaintiff has received notice from the Irish Human Rights Commission of the intention of the Commission to apply to the High Court by Motion on 10th December 2007 for liberty to appear as amicus curiae in the […]

More

Affaire de rétention des données de ‘Digital Rights Ireland ’

Les plaidoiries sont- après consultation avec notre client- disponible ci desous jusqu’ici dans cette action en PDF format (Adobe Reader).

More

Equality of Voting

One commentator in the Irish Times seems to point to the reason; the political class views the review of constituencies as being about the “rightsâ€? and opportunities of the candidates rather than the rights of the electorate.

More