Constitutional law



Supreme Court: Challenge to constitutionality of WRC rejected in landmark judgment

The Supreme Court has upheld the constitutional validity of the Workplace Relations Commission (WRC) in a significant ruling relating to the administration of justice in the State.

Published 12 April 2021

Scotland: Legal case to hold referendum without UK consent ‘hypothetical, academic, and premature’

A legal case arguing that the Scottish Parliament should be able to pass a law to hold an independence referendum without the consent of the UK government has failed in the Court of Session in Edinburgh.

Published 5 February 2021

Lords committees express alarm at shift in power to executive

House of Lords committees have criticised the UK government for its growing use of skeleton legislation and the shift in power from Parliament to the executive.

Published 12 November 2020

Andrew McKeown: Removal of a judge in the Irish constitutional order

Andrew McKeown BL, law lecturer and practising barrister at The Bar of Ireland, considers the procedure for the removal of a judge under the Irish Constitution.

Published 11 November 2020

Process of revoking Irish citizenship ruled unlawful

The Supreme Court has ruled that the existing procedure to revoke Irish citizenship from people who acquire Irish nationality is unconstitutional.

Published 14 October 2020

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