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 is an unconstitutional delegation of legislative power because it fails to set out any principles or policies to guide the Minister in making deportation orders, amounting to an abdication of the Oireachtas's exclusive law-making function under Article 15.2.1 of the Constitution.

Citation
[2000] 1 ILRM 1
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 Control, Validity of Delegated Legislation
Constitutional Law Administrative Law Delegation of Legislative Power Separation of Powers Aliens and Immigration Control Validity of Delegated Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 28 Party arguments 2
Sign in to unlock

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 can 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 is an unconstitutional delegation of legislative power because it fails to set out any principles or policies to guide the Minister in making deportation orders, amounting to an abdication of the Oireachtas's exclusive law-making function under Article 15.2.1 of the Constitution.

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
  • Declarations that Article 13(1) of the Aliens Order, 1946 and the Deportation Order regarding the Applicant are invalid