Heneghan v Minister for Housing, Planning & Local Government & ors (Approved) [2023] IESC 7 (31 March 2023)

Heneghan v Minister for Housing, Planning & Local Government & ors (Approved) [2023] IESC 7 (31 March 2023)

The Seventh Amendment of the Constitution, as passed by referendum in 1979, is enabling rather than mandatory; it authorises but does not require the Oireachtas to legislate for changes to university representation in Seanad Éireann. The Government and Oireachtas have a fundamental political duty to consider and respond to the will of the people as expressed in the referendum, but there is no justiciable legal obligation to enact such legislation. The Court's order should be limited to a declaration of this duty, without mandating legislative change.

Citation
[2023] IESC 7
Parties
Plaintiff/appellant: Tomás Heneghan; Defendant/respondent: The Minister for Housing, Planning and Local Government; Defendant/respondent: The Government of Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: Ireland
Jurisdiction
Ireland
Judgment Date
31 March 2023
Procedural Posture
Supreme Court Appeal / Judgment on Appeal From High Court
Outcome
Declaration issued; no mandatory order for legislative change
Legal Topics
Interpretation of Constitutional Amendments, Separation of Powers, Obligation to Legislate After Referendum, Democratic Principles, Electoral Law
Constitutional Law Administrative Law Interpretation of Constitutional Amendments Separation of Powers Obligation to Legislate After Referendum Democratic Principles Electoral Law

Case Brief

Summary, issues, holding and outcome

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Parties

Tomás Heneghan

Plaintiff/appellant

The Minister for Housing, Planning and Local Government

Defendant/respondent

The Government of Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Ireland

Defendant/respondent

Procedural Posture

Supreme Court Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Seventh Amendment of the Constitution imposes a mandatory obligation on the Oireachtas to legislate for changes to university representation in Seanad Éireann
  2. 2 Whether the Government and Oireachtas failed in their constitutional duty by not responding to the referendum outcome
  3. 3 Proper interpretation of enabling language ('may') in constitutional amendments

Ratio Decidendi

The Seventh Amendment of the Constitution, as passed by referendum in 1979, is enabling rather than mandatory; it authorises but does not require the Oireachtas to legislate for changes to university representation in Seanad Éireann. The Government and Oireachtas have a fundamental political duty to consider and respond to the will of the people as expressed in the referendum, but there is no justiciable legal obligation to enact such legislation. The Court's order should be limited to a declaration of this duty, without mandating legislative change.

Court Disposition

Declaration issued; no mandatory order for legislative change

Orders

  • Declaration that the Government and Oireachtas have a duty to consider and respond to the outcome of the 1979 referendum on university representation in Seanad Éireann
  • No order requiring legislative change