Murphy v Stewart
| Jurisdiction | Ireland |
| Judgment Date | 19 December 1973 |
| Date | 19 December 1973 |
| Docket Number | [1971. No. 33 P.] |
| Court | Supreme Court |
(S.C.)
Murphy
and
Stewart
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...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
34 cases
- State (Donegal v.E.C.) v Minister for Education
-
Re KH Kitty Hall Holdings Ltd & Companies Act 2014
...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......
-
Quinn v Honourable Society of King's Inns
...of any duty of or obligation of the Respondent under the Constitution which was not argued: I turn to the judgment in Murphy -v- Stewart [1973] IR97; 107 ILTR 117, of Walsh, J. referred to by the Applicant. Walsh J. observed that if a person or body was in a monopoly position (a trade union......
-
N.H.v v Minister for Justice and Equality
...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 ......
Get Started for Free
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
...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
...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
...[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......