Mohan v Ireland [2019] IESC 18 (21 March 2019)

Mohan v Ireland [2019] IESC 18 (21 March 2019)

The appellant has locus standi to challenge s. 17(4B) of the Electoral Act 1997 because the section had a real and non-trivial effect on his interests as a candidate and party member, and the requirement for standing is satisfied if the legislation plausibly contributed to the disadvantage suffered, regardless of whether the party could also have brought the claim.

Citation
[2019] IESC 18
Parties
Plaintiff/appellant: Brian Mohan; Defendants/respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
21 March 2019
Procedural Posture
Constitutional Challenge / Appeal to Supreme Court on Locus Standi
Outcome
Appeal allowed
Legal Topics
Locus Standi, Gender Quotas, Political Party Funding, Equality Before the Law, Freedom of Association
Constitutional Law Electoral Law Locus Standi Gender Quotas Political Party Funding Equality Before the Law Freedom of Association

Case Brief

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Parties

Brian Mohan

Plaintiff/appellant

Ireland and the Attorney General

Defendants/respondents

Procedural Posture

Constitutional Challenge / Appeal to Supreme Court on Locus Standi

Legal Issues

  1. 1 Whether the appellant has locus standi to challenge the constitutionality of s. 17(4B) of the Electoral Act 1997 as inserted by the 2012 Act
  2. 2 Whether the effect of the legislation on the appellant's interests is sufficient to confer standing

Ratio Decidendi

The appellant has locus standi to challenge s. 17(4B) of the Electoral Act 1997 because the section had a real and non-trivial effect on his interests as a candidate and party member, and the requirement for standing is satisfied if the legislation plausibly contributed to the disadvantage suffered, regardless of whether the party could also have brought the claim.

Court Disposition

Appeal allowed

Orders

  • High Court and Court of Appeal decisions on locus standi set aside
  • Case remitted for determination of the substantive constitutional challenge