Kelly v. Minister for the Environment [2002] IESC 73 (29 November 2002)

Kelly v. Minister for the Environment [2002] IESC 73 (29 November 2002)

The wording of Paragraph 2(a) and (c) of the Schedule to the Electoral Act 1997 is plain and unambiguous, exempting certain expenses from being treated as election expenses. No constitutional construction is reasonably open. The provisions result in unjustifiable unequal treatment and are invalid having regard to the Constitution.

Citation
[2002] IESC 73
Parties
Applicant/respondent: Desmond Kelly; Respondents/appellants: Minister for the Environment, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
29 November 2002
Procedural Posture
Constitutional Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; High Court declaration affirmed
Legal Topics
Election Expenses, Equality Before the Law, Statutory Interpretation
Constitutional Law Electoral Law Election Expenses Equality Before the Law Statutory Interpretation

Case Brief

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Parties

Desmond Kelly

Applicant/respondent

Minister for the Environment, Ireland and the Attorney General

Respondents/appellants

Procedural Posture

Constitutional Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Paragraph 2(a) and (c) of the Schedule to the Electoral Act 1997, as amended, are unconstitutional for exempting certain election expenses for sitting members of the Oireachtas and European Parliament
  2. 2 Whether the statutory exemption results in unjustifiable unequal treatment of candidates

Ratio Decidendi

The wording of Paragraph 2(a) and (c) of the Schedule to the Electoral Act 1997 is plain and unambiguous, exempting certain expenses from being treated as election expenses. No constitutional construction is reasonably open. The provisions result in unjustifiable unequal treatment and are invalid having regard to the Constitution.

Court Disposition

Appeal dismissed; High Court declaration affirmed

Orders

  • Paragraph 2(a) and (c) of the Schedule to the Electoral Act 1997 are invalid having regard to the Constitution
  • No prospective-only declaration granted