Jordan -v- Ireland & ors [2018] IEHC 438 (20 July 2018)

Jordan -v- Ireland & ors [2018] IEHC 438 (20 July 2018)

Applicant failed to produce prima facie evidence of any irregularity or wrongdoing under s.43 of the Referendum Act 1994, nor evidence that any alleged irregularity materially affected the referendum result; ministerial campaigning was lawful; electoral register complaints were speculative and inadmissible.

Citation
[2018] IEHC 438
Parties
Applicant: Joanna Jordan; Respondent: Ireland; Respondent: The Attorney General; Respondent: The Referendum Returning Officer
Jurisdiction
Ireland
Judgment Date
20 July 2018
Procedural Posture
Application for Leave to Present Referendum Petition / Judgment on Leave Application
Outcome
leave to present petition refused
Legal Topics
Referendum Challenge, Government Campaigning, Electoral Register Irregularities
Constitutional Law Electoral Law Referendum Challenge Government Campaigning Electoral Register Irregularities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Joanna Jordan

Applicant

Ireland

Respondent

The Attorney General

Respondent

The Referendum Returning Officer

Respondent

Procedural Posture

Application for Leave to Present Referendum Petition / Judgment on Leave Application

Legal Issues

  1. 1 Whether applicant produced prima facie evidence that the referendum result was materially affected by irregularities under s.43 of the Referendum Act 1994
  2. 2 Whether ministerial campaigning constituted unlawful interference
  3. 3 Whether alleged electoral register irregularities affected the referendum outcome

Ratio Decidendi

Applicant failed to produce prima facie evidence of any irregularity or wrongdoing under s.43 of the Referendum Act 1994, nor evidence that any alleged irregularity materially affected the referendum result; ministerial campaigning was lawful; electoral register complaints were speculative and inadmissible.

Court Disposition

leave to present petition refused

Orders

  • leave to present referendum petition refused