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.

NEED LEGAL ADVICE? Contact us for a callback

Wednesday, April 29, 2009 By Edward McGarr

Park Bye-laws?

In: Constitutional Law, High Court, Human Rights, Judicial review, Politics, Practice & Procedure
| 0 comments

Given that they are close to the persons who make up the Rules Committee of the Superior Courts, they will be unlikely, currently or in the future, to direct any criticism or complaint at the work of the Committee.

Friday, February 6, 2009 By Edward McGarr

Planning Enforcement

Firstly, the Planning and Development Act 2000 places no express obligation on the prosecution to prove that the “development” is unauthorised. Development, whether of use or of works, is not unauthorised unless it post-dates 1st October 1964.

Thursday, November 20, 2008 By Edward McGarr

Corrib Gas update

In: Constitutional Law, Corrib, High Court, Judicial review, Practice & Procedure
| 0 comments

McGarr Solicitors act for Brendan Philbin and Brid McGarry, the 2nd and 5th Defendants. Their counsel are Lord Dan Brennan QC and Mark Dunne BL. The Chief State Solicitor acts for the Minister, Ireland and the AG. Their Counsel are James Connolly SC and Charles Meenan SC. Eugene F Collins act for SEPIL. Its counsel are Patrick Hanratty SC and Declan McGrath BL.

Monday, November 17, 2008 By Edward McGarr

Cerebral Palsy claims * : The Statute of Limitations for injuries at birth

egg timer image to illustrate article on Cerebral palsy claims statute of limitations

Time only runs against a plaintiff who knows he/she has been injured (or could reasonably ascertain he/she has been injured) AND knows who or what has injured him/her (or could reasonably ascertain who or what has injured him/her).

Wednesday, October 22, 2008 By Edward McGarr

A rose by any other name…

When the “Evening Herald�? published a report in December 2004 about a certain criminal case it would have been hard to foresee the actual consequence of the publication.

Tuesday, October 21, 2008 By Edward McGarr

Ex Parte

In: Broadcasting Law, Constitutional Law, Defamation, Human Rights
| 1 comment

For this reason a court has to be very careful in making orders ex parte. The absolute necessity for the making of the order without notification to the respondent must be shown. Considerable damage may be inflicted on the respondent, unfairly, by an order restraining the respondent from acting in some matter or fashion.

Friday, October 3, 2008 By Edward McGarr

In Mussolini’s Garden

In: Constitutional Law, Equality, High Court, Politics, Practice & Procedure
| 0 comments

One of the most influential ideas in Ireland is the belief that the State is superior to the citizen.

Friday, July 25, 2008 By Edward McGarr

Corrib Gas case update

In: Constitutional Law, Human Rights, Politics
| 0 comments

Due to a scheduling clash in the Court calendar the Issue is provisionally fixed for hearing on 18th November 2008.

Monday, July 21, 2008 By Edward McGarr

Democracy and Free Speech

In: Constitutional Law, Freedom of Expression, Human Rights, Politics
| 0 comments

In Ireland, we have difficulty understanding broad concepts, or so it seems. Currently, the Irish Times (one, at least, of its âopinion columnistsâ?) and the Sunday Business Post (the editorial) are citing the principle of democracy to accord respect (and, possibly, equality with the Irish referendum verdict) to the âviewsâ? of other EU member states on the Lisbon Treaty. The Government itself (the Taoiseach) defends Mr. Sarkozyâs ârightâ? to express his reaction to the rejection of the Lisbon Treaty by […]

Wednesday, July 16, 2008 By Edward McGarr

Digital Rights Ireland Ltd – Judgment reserved

In: Constitutional Law, DRI, EU law, High Court, Human Rights
| 0 comments

At time of writing, no reply has been received from Hans-Gert Pottering, the President of the EU Parliament to the letter McGarr Solicitors sent to him.