O'Donovan v Attorney General
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 01 January 1962 |
| Date | 01 January 1962 |
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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