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)

Article 18.4.2° of the Constitution, as amended by the 7th Amendment, imposes a mandatory obligation on the Oireachtas to revise and extend the University Seanad franchise within a reasonable time. The Oireachtas has failed to do so, rendering the relevant provisions of the Seanad Electoral (Universities Members) Act 1937 unconstitutional. However, the declaration of unconstitutionality is suspended to allow the Oireachtas time to enact the necessary legislation and to avoid disruption of the electoral process.

Citation
[2023] IESC 7
Parties
Plaintiff/appellant: Tomás Heneghan; Defendant/respondent: The Minister for Housing, Planning and Local Government; Defendant/respondent: Government of Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: Ireland
Jurisdiction
Ireland
Judgment Date
31 March 2023
Procedural Posture
Constitutional Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Interpretation of Constitutional Amendments, Obligation to Implement Constitutional Provisions, University Seanad Franchise, Suspension of Declarations of Unconstitutionality
Constitutional Law Electoral Law Interpretation of Constitutional Amendments Obligation to Implement Constitutional Provisions University Seanad Franchise Suspension of Declarations of Unconstitutionality

Case Brief

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Parties

Tomás Heneghan

Plaintiff/appellant

The Minister for Housing, Planning and Local Government

Defendant/respondent

Government of Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Ireland

Defendant/respondent

Procedural Posture

Constitutional Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Article 18.4.2° of the Constitution imposes a mandatory obligation on the Oireachtas to revise and extend the University Seanad franchise
  2. 2 Whether the Seanad Electoral (Universities Members) Act 1937 is unconstitutional due to failure to implement the 7th Amendment
  3. 3 Consequences and remedy for finding of unconstitutionality

Ratio Decidendi

Article 18.4.2° of the Constitution, as amended by the 7th Amendment, imposes a mandatory obligation on the Oireachtas to revise and extend the University Seanad franchise within a reasonable time. The Oireachtas has failed to do so, rendering the relevant provisions of the Seanad Electoral (Universities Members) Act 1937 unconstitutional. However, the declaration of unconstitutionality is suspended to allow the Oireachtas time to enact the necessary legislation and to avoid disruption of the electoral process.

Court Disposition

Appeal allowed

Orders

  • Declaration that the relevant provisions of the Seanad Electoral (Universities Members) Act 1937 are unconstitutional, but the declaration is suspended until 31 July 2023 pending further order to allow the Oireachtas to enact remedial legislation.
  • Existing and upcoming University Seanad elections up to that date may validly proceed under the 1937 Act.