Laurentiu v. Minister for Justice [1999] IESC 47; [1999] 4 IR 26; [2000] 1 ILRM 1 (20th May, 1999)

Laurentiu v. Minister for Justice [1999] IESC 47; [1999] 4 IR 26; [2000] 1 ILRM 1 (20th May, 1999)

Section 5(1)(e) of the Aliens Act, 1935 constitutes an unconstitutional delegation of legislative power because it fails to set out principles and policies for the deportation of aliens, thereby abdicating the Oireachtas's exclusive law-making function under Article 15.2.1 of the Constitution. The Act leaves the Minister at large without legislative guidance, which is impermissible.

Citation
[1999] IESC 47
Parties
Appellant/respondent: The State; Respondent/appellant: Applicant/Respondent
Jurisdiction
Ireland
Procedural Posture
Constitutional Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Delegation of Legislative Power, Separation of Powers, Aliens and Immigration, Validity of Statutes
Constitutional Law Administrative Law Delegation of Legislative Power Separation of Powers Aliens and Immigration Validity of Statutes

Case Brief

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Parties

The State

Appellant/respondent

Applicant/Respondent

Respondent/appellant

Procedural Posture

Constitutional Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Section 5(1)(e) of the Aliens Act, 1935 constitutes an unconstitutional delegation of legislative power contrary to Article 15.2.1 of the Constitution of Ireland
  2. 2 Whether the Oireachtas may delegate to the Minister the power to deport aliens without setting out sufficient principles and policies

Ratio Decidendi

Section 5(1)(e) of the Aliens Act, 1935 constitutes an unconstitutional delegation of legislative power because it fails to set out principles and policies for the deportation of aliens, thereby abdicating the Oireachtas's exclusive law-making function under Article 15.2.1 of the Constitution. The Act leaves the Minister at large without legislative guidance, which is impermissible.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Section 5(1)(e) of the Aliens Act, 1935 is inconsistent with Article 15.2 of the Constitution and does not form part of Irish law
  • Declaration that Article 13(1) of the Aliens Order, 1946 and the Deportation Order regarding the Applicant are invalid