asked the Taoiseach the number of Acts passed by the Oireachtas since 1937 which were subsequently found by the courts to be repugnant to the Constitution; and the effects of the judgment in each case.
5.
Ceisteanna—Questions. Oral Answers. - Acts of the Oireachtas.
4.
asked the Taoiseach if he will detail the Acts of the Oireachtas which have been held by the courts to be unconstitutional, either in whole or in part, indicating in each case the date of passing of the Act and the date of the court judgment thereon.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 4 and 5 together, and to circulate with the Official Report a statement containing the information sought.
Following is the statement:
|
Number of cases |
Act and date of enactment |
Portion affected by Judgment |
Case and date of Judgment |
|
No. 1 |
Offences against State Act, 1939 (14th June, 1939) 13/1939 |
Section 55 |
The State (Burke) v. Lennon 1940 I.R. 136 H.C. 1st December, 1939. |
|
Power conferred on Minister repugnant to Constitution. |
|||
|
No. 2 |
The School Attendance Bill 1942. Section was repugnant to Constitution |
Section 4 |
1943 I.R. 334 S.C. 15th April, 1943. |
|
No. 3 |
Trade Union Act 1941 (23rd September, 1941) 22/1941. |
Part III |
National Union of Railwaymen v. Sullivan. 1947 I.R. 77 S.C. 4th July, 1946. |
|
Part III in its main principles repugnant to Constitution. |
|||
|
No. 4 |
Sinn Féin Funds Act 1947 (27th May, 1947) 13/1947. |
Section 10 |
Buckley v. Attorney General 1950 I.R. 67. S.C. 31st July, 1947. |
|
Repugnant to Constitution. |
|||
|
No. 5 |
The Solicitors Act 1954 (22nd December, 1954).36/1954. |
The whole Act. |
re C.D. O'Farrell and J. H. Gorman 1960 I.R. 239 S.C. 7th March, 1958. |
|
No. 6 |
The Electoral (Amendment) Act 1959 (26th November, 1959) 33/1959. |
Section 3 Subsections (1) and (4). |
O'Donovan v. The Attorney General H.C. 20th February, 1961. |
|
No. 7 |
Local Government Act 1941 (29th July, 1941) 15/1941 as amended by Section 98 |
Section 39 |
Cowan v. Attorney General 1961 I.R. 411 H.C. 5th June, 1961. |
|
Local Government Act 1946 (7th August, 1946).24/1946. |
|||
|
No. 8* |
The Ministers and Secretaries Act 1924 (21st April, 1924).16/1924. |
Section 2 Subsection (1) |
MacAuley v. Minister for Posts and Telegraphs, 1966 I.R. 345. H.C. 14th February, 1964. |
|
No. 9 |
Livestock Marts Act 1967 (17th August, 1967). 20/1967. |
Section 4 Subsections (1) and (2). |
East Donegal Co-operative Livestock Marts, Ltd. v. Attorney General, S.C. 27th July, 1970. |
|
No. 10 |
Public Accounts of Dáil Éireann (Privilege and Procedure) Act 1970. |
Section 3 Subsection (4) |
Haughey v. The Attorney General S.C. 24th June, 1971. |
|
23rd December, 197022/1970. |
* Strictly speaking this is not an "Act of the Oireachtas". Being a pre-1937 Act, its title is "A Public Statute of the Oireachtas"
"H.C." denotes High Court.
"S.C." denotes Supreme Court.