Breathnach v. Government of Ireland [2000] IEHC 53; [2000] 3 IR 467 (23rd June, 2000)

Breathnach v. Government of Ireland [2000] IEHC 53; [2000] 3 IR 467 (23rd June, 2000)

The State's failure to provide the necessary machinery to enable the Applicant, as a prisoner, to exercise his right to vote constitutes a failure to vindicate his right to equality before the law under Article 40.1 of the Constitution, as there is no legal disqualification and no unreasonable administrative burden in providing such facilities.

Citation
[2000] IEHC 53
Parties
Applicant: [Applicant Name Not Provided]; First Respondent: Government of Ireland; Second Respondent: Law Officer of the State
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Declaration granted in favour of the Applicant
Legal Topics
Prisoners' Voting Rights, Equality Before the Law, Right to Vote, Discrimination, Interpretation of Article 40.1 of the Constitution, Postal Voting
Constitutional Law Human Rights Law Electoral Law Prisoners' Voting Rights Equality Before the Law Right to Vote Discrimination Interpretation of Article 40.1 of the Constitution +1 more

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Parties

[Applicant Name Not Provided]

Applicant

Government of Ireland

First Respondent

Law Officer of the State

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the State's failure to provide voting facilities to prisoners violates their constitutional right to vote
  2. 2 Whether such failure constitutes unlawful discrimination under Article 40.1 of the Constitution
  3. 3 Whether the right to vote can be limited by reason of lawful detention

Ratio Decidendi

The State's failure to provide the necessary machinery to enable the Applicant, as a prisoner, to exercise his right to vote constitutes a failure to vindicate his right to equality before the law under Article 40.1 of the Constitution, as there is no legal disqualification and no unreasonable administrative burden in providing such facilities.

Court Disposition

Declaration granted in favour of the Applicant

Orders

  • Declaration that the State's failure to provide voting facilities to the Applicant is a breach of Article 40.1 of the Constitution
  • Further submissions to be entertained regarding the appropriate form of order and the nature and extent of the State's duty