Cooney -v- Minister for the Environment & ors [2006] IESC 61 (13 November 2006)

Cooney -v- Minister for the Environment & ors [2006] IESC 61 (13 November 2006)

Section 46(4B) of the Electoral Act 1992 (as amended) is incompatible with the Constitution because the requirement for non-party candidates to obtain 30 assenting signatures in person at designated local authority offices, with prescribed identification, is unduly onerous and disproportionate, amounting to an impermissible impediment to the constitutional right to stand for election. The State's legitimate interest in regulating elections does not justify the excessive burden imposed. The requirement to use 'non-party' rather than 'independent' on the ballot paper does not infringe constitutional rights.

Citation
[2006] IESC 61
Parties
Plaintiff/appellant: Thomas King; Defendant/respondent: The Minister for Environment Ireland; Defendant/respondent: The Attorney General; Plaintiff/appellant: Benedict Cooney; Applicant/appellant: Denis Riordan; Respondent/respondent: Government of Ireland; Respondent/respondent: Minister for the Environment and Local Government; Respondent/respondent: Ireland
Jurisdiction
Ireland
Judgment Date
13 November 2006
Procedural Posture
Constitutional Challenge / Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed in part; High Court order varied
Legal Topics
Nomination of Election Candidates, Discrimination Between Party and Non Party Candidates, Freedom of Expression in Elections, Proportionality of Electoral Regulations
Constitutional Law Electoral Law Nomination of Election Candidates Discrimination Between Party and Non Party Candidates Freedom of Expression in Elections Proportionality of Electoral Regulations

Case Brief

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Parties

Thomas King

Plaintiff/appellant

The Minister for Environment Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Benedict Cooney

Plaintiff/appellant

Denis Riordan

Applicant/appellant

Government of Ireland

Respondent/respondent

Minister for the Environment and Local Government

Respondent/respondent

Ireland

Respondent/respondent

Procedural Posture

Constitutional Challenge / Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s.46(4A) and (4B) of the Electoral Act 1992 (as amended) impose unconstitutional impediments on non-party candidates' right to stand for election to Dáil Éireann
  2. 2 Whether the statutory requirements constitute invidious discrimination against non-party candidates compared to party candidates
  3. 3 Whether the requirement to be described as 'non-party' rather than 'independent' on the ballot paper infringes freedom of expression

Ratio Decidendi

Section 46(4B) of the Electoral Act 1992 (as amended) is incompatible with the Constitution because the requirement for non-party candidates to obtain 30 assenting signatures in person at designated local authority offices, with prescribed identification, is unduly onerous and disproportionate, amounting to an impermissible impediment to the constitutional right to stand for election. The State's legitimate interest in regulating elections does not justify the excessive burden imposed. The requirement to use 'non-party' rather than 'independent' on the ballot paper does not infringe constitutional rights.

Court Disposition

Appeal allowed in part; High Court order varied

Orders

  • Declaration that s.46(4B) of the Electoral Act 1992 (as amended) is incompatible with the Constitution
  • Other reliefs as appropriate