Constitutional Law

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.

A landmark conference taking place this year will mark the centenary of independent Ireland's first constitution and the birth of the modern Irish state. Taking place on Monday 5 December, the conference has been jointly convened by the School of Law at the University of Limerick, Maynooth Universit

The Scottish Parliament "plainly" lacks the power to hold an independence referendum, the UK government law officers have said. In October, the UK Supreme Court will determine whether MSPs can legislate for a vote without Westminster's support.

The UK Supreme Court has confirmed a case concerning the Scottish Parliament's right to organise an independence referendum will be heard this October. The Scottish Independence Referendum Bill was referred to the Supreme Court by Scotland's Lord Advocate on the question of whether an advisory refer

The UK Supreme Court has told the UK and Scottish governments that it will consider the issue of whether the latest independence case is premature at the same time it considers the substantive issue of whether it is competent. It made the comments in a reply sent to both sides after the Advocate Gen

Dr Conor McCormick of Queen's University Belfast examines recent developments concerning the office of Attorney General and its equivalents. This month marks the publication of my book on The Constitutional Legitimacy of Law Officers in the United Kingdom, which contains a detailed analysis of the f

The UK needs a new constitutional arbiter due to the fragility of our constitutional conventions, Lord Sumption has said. Writing in The Times, the former Supreme Court justice says that if Prime Minister Boris Johnson "had been not just bad but mad" he could have wrecked the constitution by asking

Scotland's Lord Advocate, Dorothy Bain QC, has referred the provisions of the Scottish Independence Referendum Bill to the UK Supreme Court. The bill was introduced yesterday and proposes that a consultative referendum be held on 19 October 2023, Scottish Legal News reports.