Mohan v Ireland and the Attorney General
| Jurisdiction | Ireland |
| Judge | O'Donnell J.,Dunne J.,O'Malley J. |
| Judgment Date | 04 July 2018 |
| Neutral Citation | [2018] IESCDET 98 |
| Docket Number | A:AP:IE:2016:000108 |
| Court | Supreme Court |
| Date | 04 July 2018 |
[2018] IESCDET 98
THE SUPREME COURT
DETERMINATION
O'Donnell J.
Dunne J.
O'Malley J.
A:AP:IE:2016:000108
AND
| COURT: Court of Appeal |
| DATE OF JUDGMENT OR RULING: 9 th February, 2018 |
| DATE OF ORDER: 12 th March, 2018 |
| DATE OF PERFECTION OF ORDER: 15 th March, 2018 |
| THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 11 th April, 2018 AND WAS IN TIME. |
The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this Court in B.S. v Director of Public Prosecutions (2017) IESCDET 134 and in a unanimous judgment of a full Court delivered by O'Donnell J. in Price Waterhouse Coopers (A Firm) v Quinn Insurance Ltd. (Under Administration) [2017] IESC 73. It follows that it is unnecessary to revisit the constitutional architecture for the purposes of this determination. The Application for leave and the Respondent's response thereto are available and accordingly the contents thereof are not set out in detail or summarised here. These proceedings were the subject of an application for leave to appeal direct from the High Court to this Court pursuant to the provisions of Article 34.5.4 of the Constitution, which application was refused. [2016] IESC 35.
In these proceedings the applicant seeks leave pursuant to Article 34.5.3 to appeal from the decision of the Court of Appeal [2018] IECA 13, dismissing the applicant's appeal from the decision of the High Court [2016] IEHC 35, which dismissed the applicant's claim on the grounds that the Applicant had failed to demonstrate that any of his interests had been adversely affected or stand in real or imminent danger of being adversely affected by the operation of s.17(4B) of the Electoral Act 1997 as inserted by s.42(c)of the Electoral Act 1997 as inserted by s.42(c) of the Electoral (Amendment)(Political...
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Mohan v Ireland
...4 July 2018, this court granted leave to appeal against the decision of the Court of Appeal that the appellant lacked standing (see [2018] IESCDET 98). Subsequently, Kelly: The Irish Constitution (5th edn., Bloomsbury Professional, 2018) was published, and, as already touched upon in this j......