Burke v Ireland and the Attorney Genaral & Ors [2016] IESC 39 (12 July 2016)

Burke v Ireland and the Attorney Genaral & Ors [2016] IESC 39 (12 July 2016)

A stay on criminal prosecution cannot be granted based solely on unsubstantiated assertions of unconstitutionality; a significant argument must be established, which was not done by the appellant.

Citation
[2016] IESC 39
Parties
Plaintiff/appellant: John Gerard Anthony Burke; Defendants/respondents: Ireland and the Attorney General and Others
Jurisdiction
Ireland
Judgment Date
12 July 2016
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Stay of Proceedings, Constitutionality of Statutes, Primacy of European Law
Criminal Law Constitutional Law Stay of Proceedings Constitutionality of Statutes Primacy of European Law

Case Brief

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Parties

John Gerard Anthony Burke

Plaintiff/appellant

Ireland and the Attorney General and Others

Defendants/respondents

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a stay should be granted on criminal proceedings pending a constitutional challenge
  2. 2 Whether bare assertions of unconstitutionality are sufficient to restrain criminal prosecution

Ratio Decidendi

A stay on criminal prosecution cannot be granted based solely on unsubstantiated assertions of unconstitutionality; a significant argument must be established, which was not done by the appellant.

Court Disposition

appeal dismissed

Orders

  • No stay granted on District Court proceedings
  • Costs reserved to be costs in the action