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.

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Tuesday, February 19, 2008 By Edward McGarr

Digital Rights Ireland Litigation

In: Constitutional Law, DRI, Human Rights, Privacy
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There are currently three Motions before the High Court. They are, currently appearing in Court 1 Distillery Church St. Dublin 7.

Monday, January 7, 2008 By Edward McGarr

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].

Tuesday, January 1, 2008 By Edward McGarr

Ireland’s privacy ranking

In: Constitutional Law, DRI, International Law, Privacy
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Irelandâs report card does not read well in the Privacy International â2007 International Privacy Rankingâ?

Friday, December 28, 2007 By Edward McGarr

Locus Standi (2)

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

Thursday, December 20, 2007 By Edward McGarr

Human Rights Commission

In: Constitutional Law, DRI, High Court, Human Rights
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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 […]

Wednesday, December 12, 2007 By Edward McGarr

RENDITION AT SHANNON, AGAIN

In: Constitutional Law, Criminal Law, Human Rights, International Law, Politics
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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.

Monday, December 10, 2007 By Edward McGarr

A JUDGES’ REFEREE

In: Constitutional Law, Practice & Procedure, UK Court
| 2 comments

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.

Friday, November 16, 2007 By Edward McGarr

DRI and IHRC

In: Constitutional Law, DRI, EU law, Human Rights, Privacy
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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 […]

Tuesday, November 6, 2007 By Edward McGarr

Affaire de rétention des données de ‘Digital Rights Ireland ’

In: Constitutional Law, EU law, Human Rights, Privacy
| 2 comments

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

Friday, November 2, 2007 By Edward McGarr

Equality of Voting

In: Constitutional Law, Politics
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One commentator in the Irish Times seems to point to the reason; the political class views the review of constituencies as being about the ârightsâ? and opportunities of the candidates rather than the rights of the electorate.