Blehin -v- Minister for Health and Children & Ors [2004] IEHC 374 (7 December 2004)

Blehin -v- Minister for Health and Children & Ors [2004] IEHC 374 (7 December 2004)

Section 260 of the Mental Treatment Act, 1945 (as amended) is unconstitutional because it impermissibly restricts access to the courts by limiting the grounds for instituting civil proceedings to only bad faith or lack of reasonable care, thereby interfering with the judicial domain and violating the separation of powers and the administration of justice as protected by Articles 6 and 34 of the Constitution.

Citation
[2004] IEHC 374
Parties
Plaintiff: Louis Blehein; Defendants: The Minister for Health and Children, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
07 December 2004
Procedural Posture
Constitutional Challenge (plenary Summons) / High Court Judgment
Outcome
Section 260 of the Mental Treatment Act, 1945 (as amended) declared unconstitutional.
Legal Topics
Access to Courts, Separation of Powers, Presumption of Constitutionality, Judicial Review, Statutory Interpretation
Constitutional Law Mental Health Law Civil Procedure Access to Courts Separation of Powers Presumption of Constitutionality Judicial Review Statutory Interpretation

Case Brief

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Parties

Louis Blehein

Plaintiff

The Minister for Health and Children, Ireland and the Attorney General

Defendants

Procedural Posture

Constitutional Challenge (plenary Summons) / High Court Judgment

Legal Issues

  1. 1 Whether s. 260 of the Mental Treatment Act, 1945 (as amended) is unconstitutional for restricting access to the courts to only two grounds (bad faith or lack of reasonable care)
  2. 2 Whether such restriction constitutes an impermissible interference by the legislature in the judicial domain contrary to Articles 6 and 34 of the Constitution

Ratio Decidendi

Section 260 of the Mental Treatment Act, 1945 (as amended) is unconstitutional because it impermissibly restricts access to the courts by limiting the grounds for instituting civil proceedings to only bad faith or lack of reasonable care, thereby interfering with the judicial domain and violating the separation of powers and the administration of justice as protected by Articles 6 and 34 of the Constitution.

Court Disposition

Section 260 of the Mental Treatment Act, 1945 (as amended) declared unconstitutional.

Orders

  • Declaration that s. 260 of the Mental Treatment Act, 1945 (as amended) is unconstitutional having regard to Article 6 and Article 34 of the Constitution.