Robinson, Re Application for Judicial Review [2002] NICA 18 (21 March 2002)

Robinson, Re Application for Judicial Review [2002] NICA 18 (21 March 2002)

Section 16(8) of the Northern Ireland Act 1998 is mandatory; the Assembly cannot elect a First Minister and deputy First Minister outside the prescribed six-week period; the election held on 6 November 2001 was invalid; the Secretary of State's proposal of 1 May 2003 as the date for the next Assembly poll was not valid as it coincided with the date fixed by section 31(2).

Citation
[2002] NICA 18
Parties
Applicant: Peter Robinson; Respondent: David Trimble; Respondent: Mark Durkan; Respondent: Secretary of State for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
21 March 2002
Procedural Posture
Judicial Review / Appeal
Outcome
appeal allowed
Legal Topics
Statutory Interpretation, Legislative Intent, Election of First Minister and Deputy First Minister, Northern Ireland Assembly Procedures
Constitutional Law Administrative Law Statutory Interpretation Legislative Intent Election of First Minister and Deputy First Minister Northern Ireland Assembly Procedures

Case Brief

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Parties

Peter Robinson

Applicant

David Trimble

Respondent

Mark Durkan

Respondent

Secretary of State for Northern Ireland

Respondent

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether the election of First Minister and deputy First Minister outside the six-week period prescribed by section 16(8) of the Northern Ireland Act 1998 is valid
  2. 2 Whether the Secretary of State's proposal of 1 May 2003 as the date for the next Assembly poll was lawful

Ratio Decidendi

Section 16(8) of the Northern Ireland Act 1998 is mandatory; the Assembly cannot elect a First Minister and deputy First Minister outside the prescribed six-week period; the election held on 6 November 2001 was invalid; the Secretary of State's proposal of 1 May 2003 as the date for the next Assembly poll was not valid as it coincided with the date fixed by section 31(2).

Court Disposition

appeal allowed

Orders

  • Declaration that Messrs Trimble and Durkan were not validly elected on 6 November 2001 to the offices of First Minister and deputy First Minister
  • No other declaration or relief granted