Murphy v Stewart

CourtSupreme Court
Judgment Date19 December 1973
Docket Number[1971. No. 33 P.]
Date19 December 1973

Cesser - Workman wishing to terminate membership of his union -Second trade union refusing to accept workman as member while his union objected to termination of his membership - Whether workman's constitutional rights infringed - Constitution of Ireland, 1937, Article 40, s. 6, sub-s. 1 (iii).

The rules of the defendant trade union, in contravention of statute, did not contain any provisions specifying the conditions for cesser of membership of that union. The plaintiff workman was a member of the defendant Union but he wanted to become a member of the Irish Transport and General Workers Union. Notwithstanding the objection of the defendant union, the plaintiff was accepted as a member by Irish Transport. The defendant union brought the matter before the disputes committee of the Irish Congress of Trade Unions and that committee ruled that the action of Irish Transport was contrary to good trade-union practice, and recommended that the plaintiff be restored to membership of the defendant union; the plaintiff was so restored. Subsequently, Irish Transport again requested the defendant union to give its consent to the plaintiff terminating his membership of the defendant union. When that consent was refused, Irish Transport refused to accept the plaintiff's further application for membership of that union. The plaintiff brought an action in the High Court in which he sought an order declaring that the refusal of the defendant union to consent to the plaintiff becoming a member of Irish Transport was an infringement of the plaintiff's constitutional rights. Held, by Murnaghan J., in granting the order, 1, that the provisions of clause 47 (d) of the constitution...

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33 cases
  • State (Donegal v.E.C.) v Minister for Education
    • Ireland
    • High Court
    • 1 January 1985
  • Treasury Holdings and Others v National Asset Management Agency and Others
    • Ireland
    • High Court
    • 31 July 2012
    ...90 2007 AER (D) 132 (OCT) 2007 EWCA CIV 969 HYMAN v HYMAN 1929 AC 601 MACAULEY v MIN FOR POSTS & TELEGRAPHS 1966 IR 345 MURPHY v STEWART 1973 IR 97 1973 107 ILTR 117 CORRIGAN v IRISH LAND CMSN 1977 IR 317 Administrative law - Judicial review - Certiorari - Fair procedures - Duty of candou......
  • Re KH Kitty Hall Holdings Ltd & Companies Act 2014
    • Ireland
    • Court of Appeal (Ireland)
    • 4 October 2017
    ...waiver of the constitutional right of access to the courts to be effective, it would, in the words of Walsh J. in Murphy v. Stewart [1973] I.R. 97, be necessary to show that the companies 'had a clear knowledge of what [they were] doing and with that knowledge, deliberately and freely deci......
  • N.H.v v Minister for Justice and Equality
    • Ireland
    • Court of Appeal (Ireland)
    • 14 March 2016
    ...courts. 57 At all events, the matter is far from res integra, as it is clear from the Supreme Court's decision in Murphy v. Stewart [1973] I.R. 97, 117 that, in the words of Walsh J., ?among the unspecified personal rights guaranteed by [Article 40.3.1] of the Constitution is the right to ......
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3 books & journal articles
  • An Audit of Fair Procedures within the GAA: The Impetus for Change of the GAA's Disciplinary Rules Provided by the Na Fianna Action
    • Ireland
    • Trinity College Law Review No. VII-2004, January 2004
    • 1 January 2004
    ...the Development of Sports Law" (1997) 5(3) Sport and Law Journal 5. 74 See, Murtagh Properties v. Cleary [1972] IR 330, Murphy v. Stewart [1973] IR 97, AG v. Paperlink [1984] ILRM 373, In Re Article 26 and the Employment Equality Bill, 1996 [1997] 2 IR 321. The right to earn a livelihood ha......
  • Ireland's Magdalene laundries and the State's failure to protect
    • Ireland
    • Hibernian Law Journal No. 10-2011, January 2011
    • 1 January 2011
    ...v Glackin [1992] ILRM 49 143 Ryan v Attorney General , supra note 136 144 The State (C) v Frawley [1976] I.R. 365 145 Murphy v Stewart [1973] I.R. 97 HJ 08:Layout 1 06/07/2011 13:34 Page 233 the right to communicate, 146 the right to individual privacy, 147 and the right to travel. 148 In I......
  • The Referendum, the Courts and Representative Democracy in Ireland
    • United Kingdom
    • Political Studies No. 40-1, March 1992
    • 1 March 1992
    ...[1966]IR345, forright toaccesstocourts; TheState (Herly) vs Donoghue[1976]IR325; 110ILTR9 for right to fair procedures; Murphy vs Stewart [1973] IR 97; 107 ILTR 117, for right to work. " [ 19741 IR 284; 109 ILTR 29. '' Reference cases include: Ref. Art. 26 and the Offences Against the State......

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