McGimpsey v. Ireland [1990] IESC 3 (1st March, 1990)

McGimpsey v. Ireland [1990] IESC 3 (1st March, 1990)

The Anglo-Irish Agreement does not violate Articles 2 or 3 of the Constitution as it recognises the de facto situation in Northern Ireland without abandoning the constitutional claim to the national territory. The Agreement does not fetter the Government's external relations powers nor does it unlawfully discriminate against the majority community in Northern Ireland. The plaintiffs' appeal fails on all grounds.

Citation
[1990] IESC 3
Parties
Plaintiff: Christopher McGimpsey; Plaintiff: Michael McGimpsey; Defendant: Ireland; Defendant: Others
Jurisdiction
Ireland
Procedural Posture
Constitutional Challenge / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Constitutional Validity of Treaties, Anglo Irish Agreement, Articles 2 and 3 of the Irish Constitution, External Relations, Equality Before the Law
Constitutional Law International Law Locus Standi Constitutional Validity of Treaties Anglo Irish Agreement Articles 2 and 3 of the Irish Constitution External Relations Equality Before the Law

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher McGimpsey

Plaintiff

Michael McGimpsey

Plaintiff

Ireland

Defendant

Others

Defendant

Procedural Posture

Constitutional Challenge / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the Anglo-Irish Agreement is contrary to Articles 2, 3, 29, and 40 of the Irish Constitution
  2. 2 Whether the Agreement fetters the Government's power to conduct external relations under Article 29
  3. 3 Whether the Agreement unlawfully disregards the interests of the majority community in Northern Ireland

Ratio Decidendi

The Anglo-Irish Agreement does not violate Articles 2 or 3 of the Constitution as it recognises the de facto situation in Northern Ireland without abandoning the constitutional claim to the national territory. The Agreement does not fetter the Government's external relations powers nor does it unlawfully discriminate against the majority community in Northern Ireland. The plaintiffs' appeal fails on all grounds.

Court Disposition

Appeal dismissed