Riordan v. An Taoiseach [1999] IESC 1 (20th May, 1999)

Riordan v. An Taoiseach [1999] IESC 1 (20th May, 1999)

Once a constitutional amendment is approved by the people in accordance with Article 46 and promulgated by the President, it becomes part of the Constitution and cannot be challenged as unconstitutional. The 19th Amendment Act, 1998 was properly placed before the people, and the conditional mechanism for amending Articles 2 and 3 was validly approved by referendum. The courts have no power to interfere with the content of such amendments.

Citation
[1999] IESC 1
Parties
Appellant: Appellant (unnamed); Respondent: The Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal From High Court Judgment Refusing Injunction and Declaration
Outcome
appeal dismissed
Legal Topics
Constitutional Amendment, Referendum, Judicial Review, Sovereignty of the People, Article 46, Article 15.4
Constitutional Law Public Law Constitutional Amendment Referendum Judicial Review Sovereignty of the People Article 46 Article 15.4

Case Brief

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Parties

Appellant (unnamed)

Appellant

The Attorney General

Respondent

Procedural Posture

Judicial Review / Appeal From High Court Judgment Refusing Injunction and Declaration

Legal Issues

  1. 1 Whether Section 1 of the 19th Amendment of the Constitution Bill, 1998 is repugnant to the Constitution
  2. 2 Whether the 19th Amendment Act, 1998 is unconstitutional for non-compliance with Article 46
  3. 3 Whether the Oireachtas or Government can amend the Constitution without a referendum under Article 46

Ratio Decidendi

Once a constitutional amendment is approved by the people in accordance with Article 46 and promulgated by the President, it becomes part of the Constitution and cannot be challenged as unconstitutional. The 19th Amendment Act, 1998 was properly placed before the people, and the conditional mechanism for amending Articles 2 and 3 was validly approved by referendum. The courts have no power to interfere with the content of such amendments.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No declaration or injunction granted