Dudley v an Taoiseach

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Geoghegan
• Judgment Date: 18 April 1994
• Neutral Citation: 1994 WJSC-HC 2740
• Docket Number: 1994 - 133 J.R.
• Date: 18 April 1994

DUDLEY v. TAOISEACH

JUDICIAL REVIEW

BETWEEN

EUGENE DUDLEY

APPLICANT

AND

THE TAOISEACH, THE GOVERNMENT OF IRELAND, DAIL EIREANN ANDTHE ATTORNEY GENERAL

RESPONDENTS

1994 WJSC-HC 2740

1994 - 133 J.R.

THE HIGH COURT

Synopsis:

DELAY

Dail Eireann

Member - Retirement - By-election - Writ - Issue - Failure - Torpor for 14 months - Elector applied for leave to apply for judicial review - Application made 14 months after resignation - Constitution - The State - Separation of powers - (1994/133 JR - Geoghegan J.- 18/4/94) 1994 2 ILRM 321

|Dudley v. An Taoiseach|

ELECTIONS

Dail Eireann

Member - Retirement - By-election - Writ - Issue - Failure - Torpor for 14 months - Elector applied for leave to apply for judicial review - Application made 14 months after resignation - Constitution - The State - Separation of powers - (1994/133 JR - Geoghegan J.- 18/4/94) 1994 2 ILRM 321

|Dudley v. An Taoiseach|

JUDICIAL REVIEW

Leave to apply

Application - Grounds - Dail Eireann - Member - Resignation - Membership - Vacancy - Writ - Issue - Absence - Torpor of Dail Eireann - Applicant for leave sought an order compelling issue of necessary writ - Application made 14 months after resignation - Constitution - The State - Separation of powers - Rules of the Superior Courts, 1986, order 84, r. 20 - Electoral Act, 1992, s. 39 - (1994/133 JR - Geoghegan J.- 18/4/94) 1994 2 ILRM 321

|Dudley v. An Taoiseach|

Citations:

ELECTORAL ACT 1923 S53

ASHBY V WHITE 1704 1 BRO PARL CAS 61

ELECTORAL ACT 1992 S39(2)

SHEEHAN, STATE V GOVT OF IRELAND 1987 IR 550

ELECTORAL ACT 1992

CONSTITUTION ART 5

CONSTITUTION ART 40.1

CONSTITUTION ART 16

CONSTITUTION ART 16.7

1 JUDGMENT of Mr. Justice Geoghegandelivered the18th day of April 1994.

2 This is an application for leave to institute Judicial Review proceedings seeking:

3 1. A Declaration that the first and second named Respondents' persistent opposition to moving a writ to hold a by-election to fill the vacancy in Dublin South Central Dail constituency and their failure to take the necessary steps to enable such election to take place isunlawful.

4 2. A Declaration that the third named Respondent's failure to take the necessary steps to enable the aforesaid election to take place isunlawful.

5 3. An Order directing the first and second named Respondents at the next sitting of the third namedRespondent where the said Respondent's standing order so allow to move the writ or to support any motion put before the House to move the said writ, to have the said by-election held either on the 9th day of June, 1994 or before the end of July, 1994.

6 The grounds on which it is sought to seek such reliefs are:

7 1. Breach of the Electoral Act, 1992, a consolidating measure which did not continue Section 53 of the Electoral Act, 1923.

8 2. Breach of the Applicant's common law right to vote as recognised by inter alia Ashby -v- White (1704) 1 Bro. Parl. Cas. 61.

9 3. Breach of the Constitution's guarantee of equal effective political representation under Articles 5 and 40.1 or such other reasons as may be offered.

10 Notwithstanding that this is merely an application for leave, I took the unusual step of reserving judgment for a week as it seemed to me that the proposed application might be a potential attack on the constitutional separation of powers and because, as far as I was aware, there was no precedent for judicially reviewing Dail Eireann.

11 I think it important first to review the facts on foot of which the application is being made. The Applicant is a student residing in the Dublin South Central constituency. He avers in an Affidavit that former Dail Deputy for that constituency, John O'Connell, resigned his Dail Eireann seat almost fourteen months ago and that the vacancy has not yet been filled by a by-election. The Affidavit goes on to state that numerous attempts in the Dail to have the writ moved for a by-election "have been successfully resisted by the Taoiseach, the Government of Ireland and their...