Tomas Heneghan v The Minister for Housing, Planning & Local Government & Ors (Approved) [2023] IESC 18 (26 July 2023)

Tomas Heneghan v The Minister for Housing, Planning & Local Government & Ors (Approved) [2023] IESC 18 (26 July 2023)

A declaration that s. 6 and s. 7 of the Seanad Electoral (University Members) Act, 1937 are inconsistent with the Constitution is warranted, but the effect of the declaration must be suspended until 31 May 2025 to prevent a constitutional crisis and allow the Oireachtas to enact remedial legislation before the next Seanad election.

Citation
[2023] IESC 18
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
26 July 2023
Procedural Posture
Constitutional Challenge / Supreme Court Judgment on Remedy Following Finding of Unconstitutionality
Outcome
Declaration of invalidity suspended
Legal Topics
Suspended Declarations of Invalidity, University Franchise, Seanad Elections, Remedies for Unconstitutional Legislation, Separation of Powers
Constitutional Law Electoral Law Suspended Declarations of Invalidity University Franchise Seanad Elections Remedies for Unconstitutional Legislation Separation of Powers

Case Brief

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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

Constitutional Challenge / Supreme Court Judgment on Remedy Following Finding of Unconstitutionality

Legal Issues

  1. 1 Whether the declaration of invalidity of s. 6 and s. 7 of the Seanad Electoral (University Members) Act, 1937 should be suspended and for what period
  2. 2 Nature and limits of the court's jurisdiction to suspend declarations of invalidity
  3. 3 Constitutional obligations of the Oireachtas following a finding of unconstitutionality

Ratio Decidendi

A declaration that s. 6 and s. 7 of the Seanad Electoral (University Members) Act, 1937 are inconsistent with the Constitution is warranted, but the effect of the declaration must be suspended until 31 May 2025 to prevent a constitutional crisis and allow the Oireachtas to enact remedial legislation before the next Seanad election.

Court Disposition

Declaration of invalidity suspended

Orders

  • Declaration that s. 6 and s. 7 of the Seanad Electoral (University Members) Act, 1937 are inconsistent with the Constitution
  • Suspension of the effect of the declaration of invalidity until 31 May 2025