Crotty v. An Taoiseach [1987] IESC 3 (18th February, 1987)

Crotty v. An Taoiseach [1987] IESC 3 (18th February, 1987)

The Supreme Court held that a fair issue to be tried was established regarding the constitutional implications of ratifying the Single European Act, and that the balance of convenience justified the continuation of the interlocutory injunction to preserve the Court's jurisdiction and protect constitutional rights.

Citation
[1987] IESC 3
Parties
Plaintiff: Raymond Crotty; Defendants: An Taoiseach and Others
Jurisdiction
Ireland
Procedural Posture
Appeal / Interlocutory Injunction Application
Outcome
Interlocutory injunction continued pending final hearing
Legal Topics
Ratification of Treaties, Interlocutory Injunctions, Constitutional Rights, Separation of Powers
Constitutional Law European Law Ratification of Treaties Interlocutory Injunctions Constitutional Rights Separation of Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Raymond Crotty

Plaintiff

An Taoiseach and Others

Defendants

Procedural Posture

Appeal / Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the plaintiff established a fair issue to be tried regarding the effect of ratification of the Single European Act under Article 29.4.3 of the Constitution
  2. 2 Whether the balance of convenience justifies the granting of an interlocutory injunction restraining ratification

Ratio Decidendi

The Supreme Court held that a fair issue to be tried was established regarding the constitutional implications of ratifying the Single European Act, and that the balance of convenience justified the continuation of the interlocutory injunction to preserve the Court's jurisdiction and protect constitutional rights.

Court Disposition

Interlocutory injunction continued pending final hearing

Orders

  • Continuation of interlocutory injunction restraining the Government from ratifying the Single European Act until final hearing