Constitutional law



High Court: Seanad cannot sit without Taoiseach’s nominees

The High Court has ruled that the Seanad can only meet after all 60 members have been elected or nominated. The Seanad is comprised of 49 elected members and eleven members have been nominated by a new Taoiseach.

Published 30 June 2020

High Court to be asked to rule on whether Seanad can sit

The High Court will be asked to rule on whether the Seanad can sit and pass legislation without the appointment of 11 nominees of the new Taoiseach.

Published 8 June 2020

Constitutional requirement for religious declaration by president appealed to Strasbourg

Ireland's constitutional requirement for the president and Council of State members to make a declaration "in the presence of almighty God" is being challenged before the European Court of Human Rights (ECtHR).

Published 8 June 2020

High Court: Constitutional challenge to the WRC’s procedures dismissed

The High Court has dismissed an action challenging the constitutionality of the procedures of the Workplace Relations Commission.

Published 23 April 2020

Seán Ó Conaill: Strong arguments for remote sittings of the Dáil

Dr Seán Ó Conaill carries out a textual analysis of the Constitution to examine whether the Oireachtas can sit remotely.

Published 21 April 2020

Oireachtas told by lawyers it cannot meet via video-link

The Oireachtas has received legal advice indicating that it cannot convene meetings via video-link, according to reports.

Published 20 April 2020

Blog: Oireachtas can pass laws in public interest without Taoiseach Seanad nominees

Professor Oran Doyle and Dr Tom Hickey interrogate whether the Oireachtas can legislate without the appointment of a new Taoiseach.

Published 27 March 2020

Citizens' Assembly calls for constitutional reference to 'women's life within the home' to be scrapped

The controversial reference to women’s “life within the home” in the Irish constitution should be scrapped, the Citizens' Assembly has said.

Published 17 February 2020

UK Supreme Court: NI Attorney General’s application to refer 'devolution issue' refused

The UK Supreme Court has refused to accept an application from the Attorney General for Northern Ireland to refer what he said was a “devolution issue” under the Northern Ireland Act 1998.

Published 5 February 2020

Women lawyers to discuss constitutional provision on 'woman's place in the home'

The controversial reference to women's "life within the home" in the Irish constitution will be explored at an event hosted by the Irish Women Lawyers' Association (IWLA) next month.

Published 31 October 2019

Civil society organisations call for urgent clarity around 'money message' mechanism

Civil society organisations have called on TDs and Senators to urgently clarify the rules around the "money message" mechanism amid fears it is allowing the Government to effectively veto legislative proposals.

Published 7 October 2019

Bill for referendum on Irish presidential elections franchise published

Draft legislation to hold a referendum on allowing Irish citizens abroad and in Northern Ireland to vote in presidential elections has been submitted to the Dáil.

Published 17 September 2019

Senator calls for clarity on Attorney General's role following blocked housing legislation

The role of the Attorney General should be clarified in light of research showing that at least a dozen housing bills were blocked due to an "extremely restrictive" interpretation of the Constitution, a senator has said.

Published 3 September 2019

Professor Colin Harvey calls for conversation on Irish unity as 'way back to the EU'

Human rights expert Professor Colin Harvey has called for a national conversation on Irish unity as a "way back to the EU".

Published 30 July 2019

Government drafting bill to allow worldwide vote in Irish presidential elections

Legislation to facilitate a referendum on allowing Irish citizens around the world to vote in Irish presidential elections is being drafted by the Government.

Published 13 June 2019