Riordan v. An Taoiseach (No.1) [1997] IEHC 228; [1999] 4 IR 321 (14th November, 1997)

Riordan v. An Taoiseach (No.1) [1997] IEHC 228; [1999] 4 IR 321 (14th November, 1997)

The High Court has no jurisdiction to review constitutional amendments approved by referendum and promulgated by the President. The plaintiff lacks locus standi to challenge appointments and administrative acts where no personal rights are infringed or threatened. Claims relating to expired government actions are moot and not justiciable.

Citation
[1997] IEHC 228
Parties
Plaintiff: Riordan; Defendant: An Taoiseach; Defendant: An Tanaiste; Defendant: Government of Ireland; Defendant: Attorney General
Jurisdiction
Ireland
Procedural Posture
Constitutional Challenge / Final Judgment
Outcome
all claims dismissed
Legal Topics
Constitutional Amendment, Locus Standi, Judicial Review, Appointment of Public Officials, Family Law (divorce) Act, Tribunals of Enquiry
Constitutional Law Administrative Law Constitutional Amendment Locus Standi Judicial Review Appointment of Public Officials Family Law (divorce) Act Tribunals of Enquiry

Case Brief

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Parties

Riordan

Plaintiff

An Taoiseach

Defendant

An Tanaiste

Defendant

Government of Ireland

Defendant

Attorney General

Defendant

Procedural Posture

Constitutional Challenge / Final Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review constitutional amendments approved by referendum
  2. 2 Validity of the Family Law (Divorce) Act 1996
  3. 3 Constitutionality of appointments to government and public offices

Ratio Decidendi

The High Court has no jurisdiction to review constitutional amendments approved by referendum and promulgated by the President. The plaintiff lacks locus standi to challenge appointments and administrative acts where no personal rights are infringed or threatened. Claims relating to expired government actions are moot and not justiciable.

Court Disposition

all claims dismissed

Orders

  • All claims advanced by the plaintiff are dismissed.