Ring v. A.G. [2004] IEHC 14 (20 February 2004)

Ring v. A.G. [2004] IEHC 14 (20 February 2004)

There is no constitutionally guaranteed right to stand for election to a local authority; s. 13A does not interfere with the right to stand for election to Dáil Éireann; s. 13A does not infringe the constitutional guarantee of equality, and any interference is proportionate and justified.

Citation
[2004] IEHC 14
Parties
Plaintiff: Michael Ring; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
20 February 2004
Procedural Posture
Constitutional Challenge / Final Judgment
Outcome
Plaintiff's challenge dismissed; s. 13A upheld as constitutional.
Legal Topics
Dual Mandate, Local Government, Eligibility for Election, Equality Before the Law
Constitutional Law Administrative Law Dual Mandate Local Government Eligibility for Election Equality Before the Law

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Ring

Plaintiff

Attorney General

Defendant

Procedural Posture

Constitutional Challenge / Final Judgment

Legal Issues

  1. 1 Whether s. 13A of the Local Government Act, 2001 (as inserted by s. 2 of the Local Government (No. 2) Act, 2003) is unconstitutional
  2. 2 Whether there is a constitutionally guaranteed right to stand for election to a local authority
  3. 3 Whether s. 13A interferes with the right to stand for election to Dáil Éireann

Ratio Decidendi

There is no constitutionally guaranteed right to stand for election to a local authority; s. 13A does not interfere with the right to stand for election to Dáil Éireann; s. 13A does not infringe the constitutional guarantee of equality, and any interference is proportionate and justified.

Court Disposition

Plaintiff's challenge dismissed; s. 13A upheld as constitutional.

Orders

  • Section 13A of the Local Government Act, 2001 (as inserted by s. 2 of the Local Government (No. 2) Act, 2003) is valid and constitutional.
  • No relief granted to the plaintiff.