O'Donovan v Attorney General

JurisdictionIreland
Judgment Date01 January 1962
Date01 January 1962
CourtHigh Court
(H.C.)
O'Donovan
and
Attorney General

Validity - Elections - Constitution of Ireland, Article 16 - Electoral Amendment Act, 1959, ss. 3 (1), 4.

The plaintiff instituted proceedings against the defendant seeking a declaration that sections 3 and 4 of the Electoral Amendment Act, 1959, and the schedule thereto were repugnant to the Constitution. Held (1) There is no material discord between the Irish and English texts of Article 16 2 3 of the Constitution. (2) On its true construction Article 16 2 3 of...

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47 cases
  • McC v The Eastern Health Board
    • Ireland
    • Supreme Court
    • January 1, 1997
    ...1991 S7 LOCAL GOVT ACT 1991 S7(1) HOEY V MIN FOR JUSTICE 1994 1 ILRM 334 HOBBS V HURLEY UNREP COSTELLO 10.6.80 1980/6/1106 DONOVAN V AG 1961 IR 114 CONSTITUTION ART 16.2.3 LEE V NURSERY FURNISHINGS LTD 61 TLR 663 BUTLER, APPL OF 1970 IR 45 MIN FOR AGRICULTURE V KELLY 1953 NI 151 ROAD TR......
  • Murphy v Minister for Environment
    • Ireland
    • High Court
    • June 7, 2007
    ...the basis upon which the court came to its conclusions. 33.6 An analysis of the judgment of Budd J. in O'Donovan v. Attorney General [1961] I.R. 114 shows the level of disparity in the constituencies with which the court was concerned in that case. Professor Michael Marsh, who gave evidenc......
  • Electoral (Amendment) Bill, 1961, Re Art. 26 of the Constitution and the
    • Ireland
    • Supreme Court
    • July 14, 1961
    ... ... in O'Donovan v. Attorney General, [1961] I. R. 114. The figures of population, both for the State as a whole and for the ... ...
  • Irish Permanent Building Society v Caldwell and Others
    • Ireland
    • High Court
    • December 21, 1979
    ... ... a private citizen to assert a right public in its nature, without the intervention of the Attorney General, were not affected by the Provisions of the Constitution of Saorstat Eireann (see Moore and ... ...
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4 books & journal articles
  • Case Note: Gaeilge Bhriste? Irish Language Rights in Ó Maicín v Ireland
    • Ireland
    • Trinity College Law Review No. XVIII-2015, January 2015
    • January 1, 2015
    ...would knowingly do anything so absurd as to frame or enact texts with different meanings in parts.” See O’Donovan v Attorney General [1961] IR 114, at 131. This in spite of the fact that the Irish version of the constitutional text is generally considered to be a direct translation of the E......
  • Case Note: PP v Health Service Executive
    • Ireland
    • Trinity College Law Review No. XVIII-2015, January 2015
    • January 1, 2015
    ...of Article 40.3.3° stipulates that vindication need only be “sa mhéid gur féidir é.” 16 Article 25.5.4°. See O’Donovan v Attorney General [1961] IR 114, at 131. 209 Trinity College Law Review [vol 18 Fortunately, Kearns P rejected this submission on the basis that the Irish version of Artic......
  • Interpretation and construction of bilingual laws: a canadian lamp to light the way?
    • Ireland
    • Irish Judicial Studies Journal No. 2-7, July 2007
    • July 1, 2007
    ...of aids to construction which would prove useful in the Irish context in order _____________________________________________________ 15 [1961] I.R. 114. 16 [1961] I.R. 114, at 131. 17 (1891), 19 S.C.R. 292. 18 (1891), 19 S.C.R. 292, at 325. 2007] Interpretation of Bilingual Laws 217 to see ......
  • The proportionality test: present problems
    • Ireland
    • Irish Judicial Studies Journal No. 1-8, January 2008
    • January 1, 2008
    ...(Attorney General) v. O’Callaghan [1966] I.R. 501; Buckley v. The Attorney General [1950] I.R. 67; O’Donovan v. The Attorney General [1961] I.R. 114. 4[1939] I.R. 413. 5 (1964) 94 I.L.T.R. 161. 6 [1940] I.R. 470. The Canadian test from which Heaney was derived was set out in R v. Oakes [198......

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