O'Doherty v AG [2001] IESC 206 (6 June 2001)

O'Doherty v AG [2001] IESC 206 (6 June 2001)

A prisoner lawfully in custody does not have an enforceable right to vote in a referendum under current law. Judicial review and interlocutory relief are not appropriate mechanisms to challenge the constitutionality of electoral laws affecting prisoners. The applicant's delay in bringing proceedings is fatal to his claim for equitable relief. The application does not meet the standard for mandatory or injunctive relief, and the presumption of constitutionality applies to the relevant legislation.

Citation
[2001] IESC 206
Parties
Applicant: Patrick O'Doherty; Respondent: Attorney General; Respondent: Minister for the Environment and Local Government; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Ireland
Jurisdiction
Ireland
Judgment Date
06 June 2001
Procedural Posture
Judicial Review / Appeal From High Court Refusal of Injunction and Mandamus
Outcome
appeal dismissed
Legal Topics
Prisoners' Rights, Right to Vote, Judicial Review, Referendum Process, Injunctions, Mandamus, Constitutional Remedies
Constitutional Law Administrative Law Prisoners' Rights Right to Vote Judicial Review Referendum Process Injunctions Mandamus +1 more

Case Brief

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Parties

Patrick O'Doherty

Applicant

Attorney General

Respondent

Minister for the Environment and Local Government

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Ireland

Respondent

Procedural Posture

Judicial Review / Appeal From High Court Refusal of Injunction and Mandamus

Legal Issues

  1. 1 Whether a prisoner is entitled to vote in a referendum under the Irish Constitution
  2. 2 Whether judicial review is the appropriate procedure to challenge the constitutionality of electoral laws affecting prisoners
  3. 3 Whether delay bars equitable relief in the context of referenda

Ratio Decidendi

A prisoner lawfully in custody does not have an enforceable right to vote in a referendum under current law. Judicial review and interlocutory relief are not appropriate mechanisms to challenge the constitutionality of electoral laws affecting prisoners. The applicant's delay in bringing proceedings is fatal to his claim for equitable relief. The application does not meet the standard for mandatory or injunctive relief, and the presumption of constitutionality applies to the relevant legislation.

Court Disposition

appeal dismissed

Orders

  • Application for injunction refused
  • Application for mandamus refused