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 the Constitution means that the ratio specified therein must be maintained throughout the country "as far as it is practicable." (3) The difficulties to which the Legislature may have regard in deciding whether equality of ratio between members and population is being achieved in so far as is practicable are administrative and statistical, and difficulties concerning the working of the preliminary system should not be taken into consideration for the purpose. (4). The Legislature in enacting the provisions of the Electoral...

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46 cases
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    • Ireland
    • Supreme Court
    • 1 January 1997
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  • Murphy v Minister for Environment
    • Ireland
    • High Court
    • 7 June 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
    • 14 July 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 ... ...
  • PC v Minister for Social Protection
    • Ireland
    • Supreme Court
    • 28 November 2018
    ...to, or inconsistent with the Constitution. On the facts, the issue did not precisely arise in O'Donovan v. The Attorney General [1961] I.R. 114, and the issue does not appear to have been recognised in that case. It was adverted to in the case of McMahon v. The Attorney General [1972] I.R......
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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
    • 1 January 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
    • 1 January 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
    • 1 July 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
    • 1 January 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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