Attorney General v McBride
| Jurisdiction | Ireland |
| Court | High Court (Irish Free State) |
| Judgment Date | 06 September 1928 |
| Date | 06 September 1928 |
H. C.,
Attorney-General
and
M'Bride
Being suspected of an offence - Inviolability of the liberty of the person - Constitution of the Irish Free State - Amendment - Construction of statute - District Justice declining jurisdiction -Mandamus - Alternative remedy - Case stated -Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1. of 1922), Sch. I., Arts. 6, 47, and 50 - Public Safety Act, 1927 (No. 31 of 1927), ss. 3, 16, and Sch., Part I.
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Art. 6 of the Constitution of the Irish Free State provides: "The liberty of the person is inviolable, and no person shall be deprived of his liberty except in accordance with law . . ." The Public Safety Act, 1927 (No. 31 of 1927), s. 3, provides: "Every provision of this Act...
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5 cases
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Laurentiu v Minister for Justice
...1919 S1 RYAN, STATE V LENNON 1935 IR 170 COONEY, R V CLINTON 1935 IR 245 CONROY V AG 1965 IR 411 MCMAHON V AG 1972 IR 69 AG V MCBRIDE 1928 IR 451 CONSTITUTION (AMDT NO 16) ACT 1929 SHANLEY V COMMISSIONER OF PUBLIC WORKS 1992 2 IR 477 TANG V MIN FOR JUSTICE 1996 2 ILRM 46 POK SUN SHUM V......
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McMahon v Attorney General
...explained by the fact that it had been possible to amend the Constitution of 1922 by ordinary legislation. Attorney General v. McBrideIR [1928] I.R. 451 considered. 2. That the special provisions in the Act of 1923, regulating the manner in which incapacitated electors could vote, were not ......
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C v Smith
...is that a statute restrictive of a person's liberty should be very strictly and narrowly construed. In Attorney General -v- McBride, 1928 IR 451 where the extended arrest provisions of the Public Safety Act, 1927were in issue, Hanna J. said at 454:- "It is the first duty of the Courts to sh......
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The State (Cronin) v Circuit Court Judge of the Western Circuit
... ... , save in certain matters set out in the section, should be brought in the name of the Attorney-General (1) ... The learned Circuit Judge, without hearing evidence, duly held that such ... ...
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