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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.

Constituencies Constitutional Challenge – Reserved Judgement

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 6th June 2007 1. The High Court (Clarke J.) will deliver reserved judgment in the action at 1.45 pm tomorrow, 7th June 2007.

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Constituencies Constitutional Challenge – Election result

Although it was not and is not an issue in the General election, it would not be innapropriate to report the outcome for the two Plaintiff candidates in their respective constituencies.

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Constituencies Constitutional Challenge – Correction

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 22nd May 2007 1. On 18th May 2007, (in Distillery Court 1) the High Court (Clarke J.) reserved judgment in the action and designated 7th June 2007 for the delivery of judgment.

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Constituencies Constitutional Challenge – Judgment

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 21st May 2007 1. On 18th May 2007, (in Distillery Court 1) the High Court (Clarke J.) reserved judgment in the action and designated 2nd June 2007 for the delivery of judgment.

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The Council of State

Had the Council the good fortune to get the advice of Michel de Montaigne (1533-1592) they might have heard something like the following:

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First, count them

Do we know for certain what government policy is? Is the National Spatial Mananagment Plan really Government policy?

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Constituencies Constitutional Challenge – Trial

On 10th May 2007, the High Court designated Tuesday the 15th May 2007 for the commencement of the trial of the action before Clarke J. (in Distillery Court 1)

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Constituencies Constitutional Challenge – Adjournment 3

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 9th May 2007 1. On 9th May 2007, the parties attended court. 2. On hearing a report from the parties the court adjourned the matter for mention to 11th May 2007 at 10.30 am before Clarke J. (in Distillery Court 1)

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Constituencies Constitutional Challenge – Adjournment 2

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 8th May 2007 1. On 8th May 2007, the parties attended court. 2. On hearing a report from the parties the court adjourned the matter for mention to 9th May 2007 at 10.45 am before Clarke J. (in Distillery Court 1)

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Constituencies Constitutional Challenge – Adjournment

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 3rd May 2007 1. On 2nd May 2007, the Defendants applied to the court, on a number of grounds, to delay the hearing of the action and in any event not to schedule it for hearing on 3rd May 2007. 2. The Plaintiffs opposed the application. They reiterated their wish […]

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