Morris v. Minister for the Environment and Local Government [2002] IEHC 5 (1st February, 2002)

Morris v. Minister for the Environment and Local Government [2002] IEHC 5 (1st February, 2002)

The Bill does not offend Articles 46.1 or 46.4 of the Constitution because there is no express prohibition on amendments by reference to external documents, the Second Schedule does not have legal effect unless enacted separately, and the procedure adopted does not constitute an 'other proposal' within the meaning of Article 46.4.

Citation
[2002] IEHC 5
Parties
Applicant: Applicants; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment on Merits After Leave Granted
Outcome
Application dismissed
Legal Topics
Amendment of Constitution, Referendum Procedure, Separation of Powers, Legislative Process
Constitutional Law Amendment of Constitution Referendum Procedure Separation of Powers Legislative Process

Case Brief

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Parties

Applicants

Applicant

Respondent

Respondent

Procedural Posture

Judicial Review / High Court Judgment on Merits After Leave Granted

Legal Issues

  1. 1 Whether the Twenty-fifth Amendment Bill conflicts with Article 46.1 and 46.4 of the Constitution
  2. 2 Whether the Bill improperly contains a legislative proposal in addition to a constitutional amendment
  3. 3 Whether the form and procedure of the Bill comply with constitutional requirements

Ratio Decidendi

The Bill does not offend Articles 46.1 or 46.4 of the Constitution because there is no express prohibition on amendments by reference to external documents, the Second Schedule does not have legal effect unless enacted separately, and the procedure adopted does not constitute an 'other proposal' within the meaning of Article 46.4.

Court Disposition

Application dismissed

Orders

  • Declaration refused
  • Order prohibiting setting of polling day refused