Bederev -v- Ireland & Ors [2015] IECA 38 (10 March 2015)

Bederev -v- Ireland & Ors [2015] IECA 38 (10 March 2015)

Section 2(2) of the Misuse of Drugs Act 1977 purports to vest the Government with law-making powers in the absence of sufficient principles and policies set out in the legislation itself, amounting to an unconstitutional delegation of legislative power contrary to Article 15.2.1 of the Constitution; therefore, s. 2(2) and any orders made under it are invalid.

Citation
[2015] IECA 38
Parties
Plaintiff/appellant: Stanislav Bederev; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
10 March 2015
Procedural Posture
Constitutional Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; section 2(2) of the Misuse of Drugs Act 1977 declared unconstitutional and invalid; 2011 Order declared invalid.
Legal Topics
Delegation of Legislative Power, Separation of Powers, Misuse of Drugs Act, Principles and Policies Test, Ultra Vires, Judicial Review
Constitutional Law Criminal Law Administrative Law Delegation of Legislative Power Separation of Powers Misuse of Drugs Act Principles and Policies Test Ultra Vires +1 more

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Parties

Stanislav Bederev

Plaintiff/appellant

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

The Director of Public Prosecutions

Defendant/respondent

Procedural Posture

Constitutional Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether s. 2(2) of the Misuse of Drugs Act 1977 constitutes an unconstitutional delegation of legislative power contrary to Article 15.2.1 of the Constitution
  2. 2 Whether the Act contains sufficient principles and policies to guide the Government's exercise of power under s. 2(2)
  3. 3 Whether the 2011 Order made under s. 2(2) is valid

Ratio Decidendi

Section 2(2) of the Misuse of Drugs Act 1977 purports to vest the Government with law-making powers in the absence of sufficient principles and policies set out in the legislation itself, amounting to an unconstitutional delegation of legislative power contrary to Article 15.2.1 of the Constitution; therefore, s. 2(2) and any orders made under it are invalid.

Court Disposition

Appeal allowed; section 2(2) of the Misuse of Drugs Act 1977 declared unconstitutional and invalid; 2011 Order declared invalid.

Orders

  • Section 2(2) of the Misuse of Drugs Act 1977 is repugnant to Article 15.2.1 of the Constitution and invalid.
  • The Misuse of Drugs Act 1997 (Controlled Drugs)(Declaration) Order 2011 (S.I. No. 551 of 2011) is invalid.