Boland v an Taoiseach

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
Docket Number[1973 No. 3289 P.]
CourtSupreme Court
(S.C.)
Boland
and
An Taoiseach

International relations - Conference between Irish and British governments - Agreed communiqué issued -Whether Irish government party to unconstitutional agreement - Whether courts had power to review actions of government - Constitution of Ireland, 1937, Articles 2, 3, 6, 15, 28, 29, 34.

On the 6-9th December, 1973, a conference was held at Sunningdale in England between the Irish and British governments and the parties involved in the Northern Ireland Executive (designate). During the conference the parties discussed the establishment of a Council of Ireland confined to representatives of the two parts of Ireland, and they decided to commence studying the problems involved so as to identify and, prior to the formal stage of the conference, report on, areas of common interest in relation to which a Council of Ireland would take executive decisions. At the conclusion of the first stage of the conference the parties issued an agreed communiqué which contained at clause 5 a statement by the Irish government to the effect that they fully accepted and solemnly declared that there could be no change in the status of Northern Ireland until a majority of the people of Northern Ireland desired a change in that status; and a statement by the British government to the effect that it was, and would remain, their policy to support the wishes of the majority of the people of Northern Ireland, that the present status of Northern Ireland was that it was part of the United Kingdom, and that, if in the future the majority of the people of Northern Ireland should indicate a wish to become part of a united Ireland, the British government would support that wish. Clause 6 of the communiqué stated that the conference had agreed that a formal agreement, incorporating the declarations in clause 5, would be signed at the formal stage of the conference and registered at the...

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59 cases
  • Patrick Costello v The Government of Ireland, Ireland and The Attorney General
    • Ireland
    • High Court
    • 16 September 2021
    ...in cases where the Courts are asked to review the actions of the Executive particularly in the conduct of foreign relations (See Boland v An Taoiseach [1974] IR 338 and Horgan v Ireland [2003] 2 IR 468). This standard is posited because it is contended that the decision under challenge is......
  • State (Sheehan) v The Government of Ireland
    • Ireland
    • High Court
    • 29 July 1986
    ...THE STATE (AT THE PROSECUTION OF CHRISTOPHER SHEEHAN) PROSECUTOR AND THE GOVERNMENT OF IRELAND RESPONDENT Citations: BOLAND V AN TAOISEACH 1974 IR 338, 109 ILTR 13 CAHILL V SUTTON 1980 IR 269 CIVIL LIABILITY ACT 1961 S60 CIVIL LIABILITY ACT 1961 S60(1) CIVIL LIABILITY ACT 1961 S60(7) INLAN......
  • Kavanagh v Ireland
    • Ireland
    • Supreme Court
    • 1 January 1997
    ...IR 317 CONSTITUTION ART 38.3.1 CONSTITUTION ART 28.2 CONSTITUTION ART 6 BUCKLEY & ORS (SINN FEIN) V AG 1950 IR 67 BOLAND V AN TAOISEACH 1974 IR 338 CROTTY V AN TAOISEACH 1987 IR 713 OFFENCES AGAINST THE STATE ACT 1939 S46 1 JUDGMENT of Barrington, J.delivered on the 18th day of December, ......
  • Abuissa v Minister for Justice, Equality & Law Reform
    • Ireland
    • High Court
    • 1 July 2010
    ...STATE v CURRAN & ORS 1987 ILRM 225 H v DPP & CMSR OF AN GARDA SIOCHANA 1994 2 ILRM 285 1994/10/2971 BOLAND v AN TAOISEACH & ORS 1974 IR 338 CROTTY v AN TAOISEACH & ORS 1987 IR 713 MCGIMPSEY v IRELAND & ORS 1988 IR 567 1989 ILRM 209 1988/9/2565 COUNCIL OF CIVIL SERVICE UNIONS & ORS v MI......
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9 books & journal articles
  • The TD Case and Approaches to the Separation of Powers in Ireland
    • Ireland
    • Irish Judicial Studies Journal No. 3-22, December 2022
    • 1 December 2022
    ...He is primarily concerned about the courts usurping the role of the executive and actually exercising 3 ibid [336]. 4 [1989] ILRM 181. 5 [1974] IR 338, [362]. 6 [2001] 4 IR 259, [75]. 7 However, as Francis Kieran has pointed out, ‘in O'Donoghue [ v Minister for Health [1996] 2IR 20], O'Hanl......
  • I Would Do Anything for Rights - But I Won't Do That
    • Ireland
    • Irish Judicial Studies Journal No. 3-22, December 2022
    • 1 December 2022
    ...part of the democratic procedures of the State, not inferior in importance to any article of the Constitution.’ 7 [1972] IR 241, 265. 8 [1974] IR 338, 362. [2022] Irish Judicial Studies Journal Vol 6(3) 30 IRISH JUDICIAL STUDIES JOURNAL Similar remarks were made in relation to the legislati......
  • Reading TD Down
    • Ireland
    • Irish Judicial Studies Journal No. 3-22, December 2022
    • 1 December 2022
    ...28 25 Re Solicitors Act 1954 [1960] IR 239, Tomas Zalewski v Workplace Relations Commission [2021] IESC 24. 26 Boland v An Taoiseach [1974] IR 338, Crotty v An Taoiseach [1987] 1 IR 713, McKenna v An Taoiseach (No 2) [1995] 2 IR 1. For analysis, see Doyle and Hickey (n 1) 165-167, 201-213. ......
  • The Referendum, the Courts and Representative Democracy in Ireland
    • United Kingdom
    • Sage Political Studies No. 40-1, March 1992
    • 1 March 1992
    ...the danger came from within. There was perhaps This was reinforced in Buckley vs Arrorney General (Sinn Fein Funds Case) [1950] IR 67. I’ [1974] IR 338; 109 ILTR 13. l9 (1974) IR 338; 109 ILTR 13. ’’ [I987 ILRM 390. ” [I9871 ILRM 390. ” See D. Barrington, ‘The Constitution in the courts’, A......
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