Vol. 502 No. 3
535 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the cases since 1 January 1992 in which the High Court or the Supreme Court found any statute or provision of a statute to be unconstitutional; the cases during that period where the constitutionality of a statute or provision of a statute was upheld by either court; the title reference and date in each case; and if he will make a statement on the matter. [8031/99]
I am informed there have been 47 cases involving a challenge to an Act of the Oireachtas or a provision of an Act of the Oireachtas since 1 January 1992 – 24 in the Supreme Court and 23 in the High Court. In addition, there were four Bills referred to the Supreme Court in the same period.
The following list indicates the title of each case, the court in which each case was heard, the statute or provision of a statute involved and the decision of the court. Where available the relevant date of the case is given. In all other cases the relevant Irish law reports monthly or Irish reports reference is quoted. I am also informed that the list is only a compilation of the cases where the court ruled on the issue of constitutionality. Cases where the issue was argued by counsel but not dealt with by the court or where the court regarded it as a moot issue have not been included.
|
Title of Case |
Decision |
|
|
1 |
Haughey and Others v Mr. Justice Moriarty, Supreme Court, 28 July 1998Tribunal of Inquiry Act, 1921 |
upheld |
|
2 |
Lowth v Minister for Social Welfare [1999] 1 ILRM 5Social Welfare Consolidation Act 1981 |
upheld |
|
3 |
Cronin v Competition Authority [1998] 2 ILRM 51S. 4 Competition Act, 1991 |
upheld |
|
4 |
Considine v Shannon Regional Fisheries Board [1998] 1 ILRM 11S. 310 Fisheries (Consolidation) Act 1959 |
upheld |
|
5 |
Murphy v Independent Radio and Television Commission [1998] 2 ILRM 360s. 10(3) of the Radio and Television Act, 1988 |
upheld |
|
6 |
Donnelly v Ireland [1998] 1 ILRM 401ss. 12, 13 (1), 13 (2) and s. 18 Criminal Evidence Act, 1992 |
upheld |
|
7 |
O'Cleirigh v Minister for Agriculture [1998] 2 ILRM 263s. 9(1) Irish Land Commission (Dissolution) Act, 1992 |
found to be unconstitutional |
|
8 |
Rock v Ireland [1998] 2 ILRM 35ss. 18 and 19 Criminal Justice Act 1984 |
upheld |
|
9 |
State (Plunkett) v Registrar of Friendly Societies, 9 February 1998S. 13 Industrial and Provident Societies (Amendment) Act, 1978 |
upheld |
|
10 |
Carragline Community Television Broadcasting Company v Minister for Transport [1997] 1 ILRM 241ss. 5 and 6 Wireless and Telegraphy Act 1997 |
upheld |
|
11 |
Heaney v Ireland [1997] ILRM 117Offences Against the State Act 1939 |
upheld |
|
12 |
Croke v Smith unreported Supreme Court, 31 July 1996S. 172 Mental Treatment Act, 1945 |
upheld |
|
13 |
Iarnród Éireann v Ireland [1996] 2 ILRM 500ss. 12 and 14 Civil Liability Act, 1961 |
upheld |
|
14 |
Purcell v Attorney General [1996] 2 ILRM 153Farm Tax Act, 1985 |
upheld |
|
15 |
TF v Ireland [1995] 2 ILRM 321S.2(1)(f), s.3(1), s.3(2) s.19, and s.16(a) of the Judicial Separation and Family Reform Act, 1989 |
upheld |
|
16 |
Meagher v Minister for Agriculture [1994] 1 IR 329S.3(2) European Communities Act, 1972 |
upheld |
|
17 |
O'Callaghan v Ireland [1994] 1 IR 555S.23 Misuse of Drugs Act, 1977 |
upheld |
|
18 |
Howard v Commissioner of Public Works (No. 2) [1994] 2 ILRM 301S.2(1) and s.2(2) State Authorities (Development and Management) Act, 1993 |
upheld |
|
19 |
Tuohy v Courtney [1994] 2 ILRM 503ss. 11(1)(a) and 11(2)(a) of the Statute of Limitations, 1957 |
upheld |
|
20 |
Hardy v Ireland [1994] 2 IR 562 S.4(1) Explosive Substances Act, 1883 |
upheld |
|
21 |
People (D.P.P.) v Quilligan (No. 3) [1993] 2 IR 305S.30 Offences Against the State Act, 1939 |
upheld |
|
22 |
Desmond v Glackin (No.2) [1993] 3 IR 67s. 10(5) Companies Act, 1990 |
found to be unconstitutional |
|
23 |
Magee v Culligan [1992] ILRM 186S.48 Courts (Supplemental Provisions) Act, 1961 and s.1(4) Extradition (European Convention on Suppression of Terrorism) Act, 1987 |
upheld |
|
24 |
Cox v Ireland [1992] 2 IR 503s.34 Offences Against the State Act, 1939 |
found to be unconstitutional |
|
Title of Case |
Decision |
|
|
25 |
Laurentiu v Attorney General, unreported High Court, 22 January 1999S. 5(1)(e) Aliens Act, 1935 |
found to be unconstitutional |
|
26 |
Trent v Commissioners of An Garda Síochána, unreported High Court, 15 January 1999S. 6(4) Garda Síochána Complaints Act, 1986 |
upheld |
|
27 |
Colgan v Independent Radio and Television Commission [1999] 1 ILRM 22S. 10(3) of the Radio and Television Act, 1988 |
upheld |
|
28 |
D.P.P. (Strafford) v O'Neill [1998] ILRM 221s.5(1) Summary Jurisdiction Over Children (Ireland) Act, 1884 |
upheld |
|
29 |
An Blascaod Mór Teoranta v Commissioners of Public Works, unreported High Court, 27 February 1998An Blascaod Mór National Historic Park Act, 1989 |
found to be unconstitutional |
|
30 |
Meagher v O'Leary [1998] 1 ILRM 211S. 5 Criminal Justice Act, 1951 |
upheld |
|
31 |
Carway v Attorney General [1997] 1 ILRM 110S. 150 Companies Act 1990 |
upheld |
|
Title of Case |
Decision |
|
|
32 |
Molyneux v Ireland [1997] 2 ILRM 241S. 28 Dublin Police Act, 1842 |
upheld |
|
33 |
Sherwin v Minister for the Environment unreported High Court, 11 March 1997Electoral Act 1992 |
upheld |
|
34 |
Comptroller and Auditor General v Ireland unreported High Court, 20 December 1996s. 7(5) Amnesty Act, 1993 |
upheld |
|
35 |
Daly v Revenue Commissioners [1996] ILRM 122s. 26(1) Finance Act, 1990 |
found to be unconstitutional |
|
36 |
Gilligan v Criminal Assets Bureau unreported High Court, 26 July 1996Proceeds of Crime Act, 1996 |
upheld |
|
37 |
Brennan v Minister for Justice [1995] 1 IR 612S. 23 Criminal Justice Act, 1951 |
upheld |
|
38 |
McM v Manager of Trinity House [1995] 2 ILRM 546s. 69(2)(c) Children Act, 1908 |
upheld |
|
39 |
O'Leary v Attorney General [1995] 2 ILRM 259S. 24 Offences Against the State Act, 1939 |
upheld |
|
40 |
Shanley v Galway County Council unreported High Court, 20 June 1995s. 5 Casual Trading Act, 1980 |
upheld |
|
41 |
O'Keeffe v Ferris [1994] 1 ILRM 425s. 279(1) Companies Act, 1963 |
upheld |
|
42 |
Wadda v Ireland [1994] 1 ILRM 126Child Abduction and Enforcement of Custody Orders Act, 1991 |
upheld |
|
43 |
Sloan v Special Criminal Court [1993] 3 IR 528S. 19(4) Offences Against the State Act, 1939 |
upheld |
|
44 |
Ambiorix v Minister for the Environment (No. 2) [1992] 2 IR 37S. 6(2) Urban Renewal Act, 1986 |
upheld |
|
45 |
Crestvale v Glackin [1992] ILRM 221Part II Companies Act 1990 |
upheld |
|
46 |
O'Callaghan v Attorney General [1992] 1 IR 538S. 25 of the Criminal Justice Act, 1984 |
upheld |
|
47 |
Murphy V District Justice Wallace [1993] 2 IR 138ss. 86 and 90 Excise Management Act, 1827 and s. 76 Courts of Justice Act, 1936 |
found to be unconstitutional |
|
Title of Case |
Decision |
|
|
1 |
In re Employment Equality Bill 1996, [1997] 2 IR 321 |
found to be unconstitutional |
|
2 |
In re Equal Status Bill, 1997, [1997] 2 IR 387Equal Status Bill, 1997 |
found to be unconstitutional |
|
3 |
In re The Regulation of Information (Services Outside the State for the Termination of Pregnancies) Bill, 1995 [1995] 2 ILRM 81Regulation of the Information (Services Outside the State for the Termination of Pregnancies) Bill, 1995 |
upheld |
|
4 |
In re The Matrimonial Home Bill, 1993 [1994] 1 IR 304Matrimonial Home Bill, 1993 |
found to be unconstitutional |
