Maher v Attorney General
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1974 |
| Docket Number | [1971. No. 3735 P.] |
| Date | 01 January 1974 |
| 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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85 cases
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2 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......