Bederev -v- Ireland, The Attorney General & ors [2016] IESC 34 (22 June 2016)

Bederev -v- Ireland, The Attorney General & ors [2016] IESC 34 (22 June 2016)

Section 2(2) of the Misuse of Drugs Act 1977 does not constitute an unconstitutional delegation of legislative power because the Act, including its schedule, provides sufficient principles and policies to guide the government's discretion. The schedule forms an integral part of the legislative scheme, and the Oireachtas retains control through the annulment procedure. The delegation is limited to filling in details within a defined framework and does not amount to an abdication of legislative authority.

Citation
[2016] IESC 34
Parties
Plaintiff/respondent: Stanislav Bederev; Defendant/appellant: Ireland; Defendant/appellant: The Attorney General; Defendant/appellant: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
22 June 2016
Procedural Posture
Constitutional Challenge / Supreme Court Appeal
Outcome
Appeal allowed; Court of Appeal decision set aside; High Court order restored
Legal Topics
Delegated Legislation, Separation of Powers, Misuse of Drugs, Statutory Interpretation, Parliamentary Oversight
Constitutional Law Criminal Law Administrative Law Delegated Legislation Separation of Powers Misuse of Drugs Statutory Interpretation Parliamentary Oversight

Case Brief

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Parties

Stanislav Bederev

Plaintiff/respondent

Ireland

Defendant/appellant

The Attorney General

Defendant/appellant

The Director of Public Prosecutions

Defendant/appellant

Procedural Posture

Constitutional Challenge / Supreme Court Appeal

Legal Issues

  1. 1 Whether s.2(2) of the Misuse of Drugs Act 1977 constitutes an unconstitutional delegation of legislative power contrary to Article 15.2.1 of the Constitution
  2. 2 Whether the schedule to the Act forms part of the legislative scheme for the purposes of identifying principles and policies
  3. 3 Whether the Oireachtas retained sufficient control over the addition of new controlled drugs by government order

Ratio Decidendi

Section 2(2) of the Misuse of Drugs Act 1977 does not constitute an unconstitutional delegation of legislative power because the Act, including its schedule, provides sufficient principles and policies to guide the government's discretion. The schedule forms an integral part of the legislative scheme, and the Oireachtas retains control through the annulment procedure. The delegation is limited to filling in details within a defined framework and does not amount to an abdication of legislative authority.

Court Disposition

Appeal allowed; Court of Appeal decision set aside; High Court order restored

Orders

  • Declaration that s.2(2) of the Misuse of Drugs Act 1977 is not repugnant to the Constitution
  • Restoration of the validity of the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2011