O'Duffy (The State) v Bennett and Others

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 21 March 1935
• Date: 21 March 1935

[H. C., I.F.S.],

The State (O'Duffy)

and

Bennett and Others

Jurisdiction of - Procedure and practice in - Prohibition - Natural justice - Constitution of Saorstát Eireann, Article 2a - Article 6 - Relief under - Constitution (Amendment No. 17) Act, 1931 (No. 37), R. S. C. 1905, Or. 84, rr. 249, 250 -Rules of High Court and Supreme Court, 1926, Or. 19.

The Constitution (Special Powers) Tribunal is a court of limited jurisdiction and may be restrained from exceeding that jurisdiction by an order of Prohibition. An order of the Tribunal in respect of any matter must show on its face that such matter is within its jurisdiction, and ss. 5 (4) and 6 (5) of Article 2a apply only to acts done within its jurisdiction. Under Article 2a the Tribunal has jurisdiction to try a person for being a member of an unlawful association if such person is or was a member of such an association at any time when Parts II, III, IV and V of that Article are in force. Held (Sullivan, P., and O'Byrne, J., Hanna, J., dissentiente), that the Tribunal had jurisdiction to try the Prosecutor on charges 1 and 2 in its order. Held, also (Sullivan, P., and O'Byrne, J., Hanna, J., dubitante), the certificate of the Minister necessary to give the Tribunal jurisdiction in respect of charges 3, 4 and 5 in its Order could not be adduced in evidence, as the Attorney-General had shown cause by Notice of Motion under Order LXXXIV, R. 250 and could not adduce...