Topic: constitutionality of legislation and regulations enacted to arrest the spread of the virus

 

The case concerns the application for leave to bring judicial review proceedings challenging, on the one hand, the constitutionality of the legislation and regulation enacted in Ireland to combat the Covid-19 outbreak and, on the other hand, the modes of enactment of such provisions.

In particular, the applicants contended that the imposed restrictions were in breach of Articles 40 (Fundamental Rights), 41 (The Family), 42 (Education), 45 (Directive Principles of Social Policy) and 15.2.1. (Parliament is the Sole Legislator) of the Constitution.

The claims were deemed as inarguable in that not supported by either factual evidence or scientific data.

Among the other aspects, the applicants also questioned the absence of proper debate on the legislation at issue as a result of the limitations imposed by social distancing on the number of deputies present in the Parliament.

Such complaints were rejected by the Court, being the internal procedures followed by the Parliament non-justiciable.

 

Attached is the case summary drafted by Mr Justice Liam McKechnie, Supreme Court of Ireland.

Case reported by Mr Justice Liam McKechnie, Supreme Court of Ireland.


Document(s)
Author
Chiara Patera — University of Trento