Blythe and Others v Attorney General (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 31 July 1936
• Date: 31 July 1936
• Court: High Court (Irish Free State)

I.F.S.]

Blythe and Others

and

Attorney-General (No. 2)

Political association - Formation of association - Action claiming declaration of legality of association - Other relief not claimed - Constitution of the Irish Free State, Art. 2a - "Illegal associations" -Power of Executive Council of the Irish Free State to declare certain associations illegal -Organisations previously formed by plaintiff declared "illegal associations" - Legality of present association not impugned - Jurisdiction to make declaration - Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Arts. 2a and 9 - Constitution (Amendment No. 17) Act, 1931 (No. 37 of 1931) -Rules of the Supreme Court (Ireland), 1905, Or. XXV, r. 5.

Plaintiffs, who had formed certain organisations which had been declared to be unlawful by the Executive Council of the Irish Free State acting under the powers conferred upon the Council by Art. 2a of the Constitution, formed a new association and on the same day instituted proceedings against the Attorney-General. Plaintiffs claimed declarations that they had the right to form the association, that such right was guaranteed to them by...