Constitutional Law

Ireland's independent electoral commission, An Coimisiún Toghcháin, has formally launched the independent information campaign for the two constitutional referendums taking place in March. An Coimisiún Toghcháin has taken on the role previously held by the Referendum Comm

The Supreme Court has quashed a decision of the Minister for Social Protection to refuse to grant a widower’s contributory pension to a widowed father of three children and has declared s.124 of the Social Welfare Consolidation Act 2005 (as amended) unconstitutional in respect of its exclusion

The wording of the government's proposed constitutional amendments on family and care may remove "offensive" references to women but risk introducing new "harmful stereotypes" about disabled people, an influential legal rights group has warned. FLAC has written to the Taoiseach, the equality ministe

The Supreme Court has upheld the constitutionality of the Judicial Appointments Commission Bill 2022 following an Article 26 reference. Delivering judgment for the Supreme Court, Ms Justice Elizabeth Dunne confirmed that “there is nothing express or implicit in s. 51” requiring the gover

Two referendums seeking approval to change what the Constitution says about family and care, including the controversial provision about women's "life within the home", are to be held on 8 March 2024. Draft bills providing for the referendums are expected to be published within days after equality m

Landmark reforms to the judicial appointments process could be referred to the Supreme Court this week amid concerns around their constitutionality. The Judicial Appointments Commission Bill 2022, which completed the final stages in the Oireachtas in July, will replace the Judicial Appointments Advi

The Supreme Court has upheld a finding that the burden of proof for the "reasonable mistake" defence in child sexual offence cases is incompatible with the Constitution. The court yesterday ruled unanimously that section 3(5) of the Criminal Law (Sexual Offences) Act 2006, which provides that the "r

The Housing Commission has failed to reach a consensus on constitutional change and is set to publish two rival reports as a result, according to The Irish Times. The Commission was tasked with considering housing policy in general as well as bringing forward proposals on the wording for a referendu

The Supreme Court will tomorrow begin hearing arguments on the timing of its proposed declaration on the unconstitutionality of the laws governing elections for Seanad University Panels. In April this year, the court ruled that the Oireachtas had failed to meet a constitutional obligation to extend

The Supreme Court has upheld a challenge to the constitutionality of the laws governing elections for Seanad University Panels. The legal proceedings were brought by a graduate of the University of Limerick who claimed that the Oireachtas had failed to meet a constitutional obligation to extend the

A referendum to allow Ireland to participate in the Unified Patent Court (UPC) should take place this November alongside the planned referendum on gender equality, the government has been told. The Unified Patent Court Agreement, establishing a common patent court for EU member states, is set to fin

A long-promised referendum to remove references to "woman's place in the home" from the Constitution will take place this November, the government has announced. Taoiseach Leo Varadkar and children, equality, disability, integration and youth minister Roderic O'Gorman made the announcement today to

Michelle McArdle of BHSM LLP considers what the proposed housing referendum could mean for Ireland. It is anticipated that the Commission for Housing will shortly recommend holding a constitutional referendum to incorporate a constitutional right to housing. This is timely, as issues in relation to

Ireland cannot ratify the EU–Canada Comprehensive Economic Trade Agreement (CETA) unless changes are made to the legislation governing arbitration, the Supreme Court has ruled. The constitutional challenge to the trade deal was brought by Green Party TD Patrick Costello, who claimed that CETA

True power in the UK rests in "the Prime Minister in the Commons", a peer and former judge has said. Lord Judge, former lord chief justice of England and Wales and current convenor of Parliament's cross-bench peers, delivered The Selden Society Inns of Court annual history lecture on 1 November.