In the matter of Frank Ward [2016] IEHC 596 (27 October 2016)

In the matter of Frank Ward [2016] IEHC 596 (27 October 2016)

Detention is lawful if it is pursuant to a statute duly passed by the Oireachtas and not repugnant to the Constitution; the applicant's detention meets these criteria and is not unconstitutional.

Source-derived case information.

Citation
[2016] IEHC 596
Parties
Applicant: Frank Ward; Respondent: State (Ireland)
Jurisdiction
Ireland
Judgment Date
27 October 2016
Procedural Posture
Habeas Corpus Application / Final Judgment
Outcome
application refused
Legal Topics
Habeas Corpus, Committal Warrant, Personal Liberty, Constitutionality of Detention
Constitutional Law Criminal Law Habeas Corpus Committal Warrant Personal Liberty Constitutionality of Detention

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Parties

Frank Ward

Applicant

State (Ireland)

Respondent

Procedural Posture

Habeas Corpus Application / Final Judgment

Legal Issues

  1. 1 Whether the committal warrant for Frank Ward's detention is unconstitutional under Articles 36 and 40.4.1 of the Constitution of Ireland
  2. 2 Whether imprisonment per se is unconstitutional due to lack of explicit constitutional mandate

Ratio Decidendi

Detention is lawful if it is pursuant to a statute duly passed by the Oireachtas and not repugnant to the Constitution; the applicant's detention meets these criteria and is not unconstitutional.

Court Disposition

application refused