Keady v. Commissioner of An Garda Siochana & Ors [1988] IEHC 4 (1 December 1988)
The disciplinary inquiry and the Commissioner's decision related to breaches of discipline, not criminal matters, and were administrative in nature; the Garda Siochana (Discipline) Regulations 1971 did not infringe Article 37 of the Constitution and were not ultra vires or unconstitutional.
- Citation
- [1988] IEHC 4
- Parties
- Plaintiff: John Keady; Defendants: Commissioner of An Garda Siochana and Others
- Jurisdiction
- Ireland
- Judgment Date
- 01 December 1988
- Procedural Posture
- Judicial Review (plenary Summons) / High Court Judgment
- Outcome
- Plaintiff's claims dismissed
- Legal Topics
- Disciplinary Proceedings, Ultra Vires, Article 37 Constitution, Judicial Nature of Functions, Dismissal From Public Service
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Keady
Plaintiff
Commissioner of An Garda Siochana and Others
Defendants
Procedural Posture
Judicial Review (plenary Summons) / High Court Judgment
Legal Issues
- 1 Whether disciplinary proceedings under Garda Siochana (Discipline) Regulations 1971 were ultra vires or unconstitutional under Article 37 of the Constitution
- 2 Whether the inquiry was exercising judicial powers in relation to criminal matters
- 3 Whether prior criminal prosecution precluded disciplinary proceedings
Ratio Decidendi
The disciplinary inquiry and the Commissioner's decision related to breaches of discipline, not criminal matters, and were administrative in nature; the Garda Siochana (Discipline) Regulations 1971 did not infringe Article 37 of the Constitution and were not ultra vires or unconstitutional.
Court Disposition
Plaintiff's claims dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment