Cowan v Attorney General
| Jurisdiction | Ireland |
| Judgment Date | 05 June 1961 |
| Date | 05 June 1961 |
| Court | High Court |
Election petition -Appointment of barrister to hear petition -Validity of appointment - Municipal Corporations Act, 1882, ss. 87, 92, 93 - Municipal Elections (Corrupt and Illegal Practices) Act, 1884, s. 28 (4) - Local Government Act, 1941, s. 39 - Local Government Act, 1946, s. 98.
The plaintiff was elected a member of the Dublin City Council, and, subsequently, an election petition was brought on the grounds that he was disqualified by law from seeking election. Acting under the provisions of the Municipal Corporations Act, 1882, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, the judges for the time being on the rota for the trial of Parliamentary election petitions nominated and assigned R. N. C., a practising barrister, to be the election court to try the petition. Held by Haugh J. that the purported assignment of the election petition to be tried by R. N. C. was repugnant to the Constitution because 1, the election Court might make findings which would affect the life, liberties, fortunes or reputations of individuals; and 2, the election Court might exercise its jurisdiction in matters partly criminal...
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