Maher v Attorney General
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1974 |
| Date | 01 January 1974 |
| Docket Number | [1971. No. 3735 P.] |
| Court | Supreme Court |
(S.C.)
Maher
and
Attorney General
Administration of justice -Judicial function - Assessment of evidence -Statutory provision stating certificate to be conclusive evidence of matters certified - Whether statutory provisions severable - Road Traffic Act, 1968 (No. 25), s. 44, sub-s. 2 (a) - Constitution of Ireland, 1937, Articles 15, 34, 37, 38.
Section 44, sub-s. 2 (a), of the Road Traffic Act, 1968, provided that a certificate, stating that a specimen of a person's blood contained a specified concentration of alcohol, should be "conclusive evidence"...
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86 cases
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Hardy v Ireland
...CHLORATE) ORDER 1972 SI 191/1972 EXPLOSIVE SUBSTANCES ACT 1875 EXPLOSIVE SUBSTANCES ACT 1875 S3 R V HAALAM 1957 1 AER 665 MAHER V AG & OR 1973 IR 140 KING V AG 1981 IR 233 R V ELLIS-DON LTD 61 CANADIAN CC 423 PRESUMPTION OF INNOCENCE A NEW ERA 1967 CAN BAR REV 1988 O'LEARY V AG 1991 ILRM 45......
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Sloan v The Special Criminal Court
...was whether he was a member of the organisation in question, not whether the organisation was unlawful. Maher v. The Attorney GeneralIR [1973] I.R. 140 and The State (McEldowney) v. KelleherIR [1983] I.R. 289 distinguished. 2. That even if s. 19, sub-s. 4 was unconstitutional, there had bee......
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Bloomer v Incorporated Law Society of Ireland
...to the provisions of the Constitution from the remainder of the statute was outlined by the Supreme Court in Maher -v- Attorney General (1973) I.R. 140 in the following passage of the judgment of FitzGerald C.J. at page 147: "The application of the doctrine of severability or separability ......
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Criminal Assets Bureau v P.S.
...542 CONSTITUTION ART 34.1 INCOME TAX ACT 1967 S488 CONSTITUTION ART 26 OF THE EMPLOYMENT EQUALITY BILL, RE 1996 1997 2 IR 321 MAHER v AG 1973 IR 140 ROAD TRAFFIC ACT 1968 ROAD TRAFFIC ACT 1961 S49 KIELY v MIN SOCIAL WELFARE 1977 IR 279 DEIGHAN v HEARNE 1990 1 IR 499 INCOME TAX ACT 1967 S1......
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4 books & journal articles
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'When Divorce is Away, Nullity's at Play': A New Ground for Annulment, its Dubious Past and its Uncertain Future
...at p. 4 7 . 81 [1991] ILRM 65, 78. 82 Ibid. at 79. 83 Regarding the unconstitutionality of such 'judicial law-making' see Maher v. A.G. [ 1973] IR 140. See also M.M v. P.M. [1986] ILRM 515 where McMahon J. observed that to introduce such a new ground of nullity would be to engage in an unju......
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Consensual Assault - Just what is the law?
...378. " R v. Scatchard (1987) 27 A Crim R 136. 19 McLoughlin v. Minister for the Public Service [1985] IR 631; Maher v. Attorney General [1973] IR 140. [Vol. 5 2oo2N another, both interpretations being diametrically opposed in potential application. However, certain canons of statutory const......
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A critical assessment of the duty of District Court judges to give reasons
...& anor. [2016] IESC 7, para. 54 7[2007] 1 IR 400 hereafter “McGonnell” 8[2005] 2 IR 30 hereafter “Whelan” 9Maher v. The Attorney General [1973] IR 140 10In that if an application for inspection of an Intoxilyser machine is made, it would be unconstitutional if the accused did not have an op......
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A comparison of article 6 of the european convention on human rights and the due process requirements of the constitution of ireland
...that a decision affecting constitutional rights should be reviewed by 21 [1986] I.R. 362 (H.C. & S.C.). 22 [1984] I.R. 151 (S.C.). 23[1973] I.R. 140 24[1963] I.R. 170 (S.C.). 25 [1985] I.R. 458 (H.C.). Judicial Studies Institute Journal 2004] 45 A Comparison of Article 6 of European Convent......