Keady v. Commissioner of An Garda Siochana & Ors [1988] IEHC 4 (1 December 1988)

Keady v. Commissioner of An Garda Siochana & Ors [1988] IEHC 4 (1 December 1988)

Disciplinary proceedings under the Garda Siochana (Discipline) Regulations 1971 are administrative, not criminal, and do not violate Article 37 of the Constitution; prior criminal prosecution does not prohibit disciplinary inquiry; dismissal by acting Commissioner is valid.

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 / Final Judgment
Outcome
claims dismissed
Legal Topics
Disciplinary Proceedings, Judicial Review, Ultra Vires, Administrative Powers, Article 37 Constitution of Ireland
Constitutional Law Administrative Law Employment Law Disciplinary Proceedings Judicial Review Ultra Vires Administrative Powers Article 37 Constitution of Ireland

Case Brief

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Parties

John Keady

Plaintiff

Commissioner of An Garda Siochana and Others

Defendants

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether disciplinary proceedings constituted criminal matters under Article 37 of the Constitution
  2. 2 Whether disciplinary proceedings were ultra vires without a criminal conviction
  3. 3 Whether the disciplinary process violated Article 37 by exercising non-limited judicial powers

Ratio Decidendi

Disciplinary proceedings under the Garda Siochana (Discipline) Regulations 1971 are administrative, not criminal, and do not violate Article 37 of the Constitution; prior criminal prosecution does not prohibit disciplinary inquiry; dismissal by acting Commissioner is valid.

Court Disposition

claims dismissed