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 prisoners with the necessary machinery to exercise their right to vote constitutes a failure to vindicate their constitutional right to equality before the law under Article 40.1, as the right to vote is not lost by lawful detention and its exercise would not impose unreasonable demands on the State.

Citation
[2000] 3 IR 467
Parties
Applicant: [Applicant's 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, Postal Voting
Constitutional Law Human Rights Law Electoral Law Prisoners' Voting Rights Equality Before the Law Right to Vote Discrimination Postal Voting

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Parties

[Applicant's 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 and equality before the law
  2. 2 Whether such failure constitutes unfair discrimination under Article 40.1 of the Constitution

Ratio Decidendi

The State's failure to provide prisoners with the necessary machinery to exercise their right to vote constitutes a failure to vindicate their constitutional right to equality before the law under Article 40.1, as the right to vote is not lost by lawful detention and its exercise would not impose unreasonable demands on the State.

Court Disposition

Declaration granted in favour of the Applicant

Orders

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