Re Electoral (Amendment) Bill, 1983

JurisdictionIreland
Judgment Date08 February 1984
Date08 February 1984
Docket Number[S.C. No. 373 of 1983]
CourtSupreme Court
(S.C.)
In re Electoral (Amendment) Bill
1983

Dáil ireann - Extension of franchise - Right to vote restricted by Constitution to citizens - Bill conferring franchise upon resident British citizens - Repugnancy -Constitution of Ireland, 1937, Arts. 6, 12, 16, 47.

Section 16, sub-s. 2, of the Constitution stated that "every citizen" without distinction of sex who had reached the age of 18 years, who was not disqualified by law and complied with the provisions of the law relating to elections, should have the right to vote at an election for members of Dáil Éireann. By Article 12, s. 2, sub-s. 2, every such citizen is given a right to vote at an election for President and, by Article 47, s. 3, he is given a right to vote at a referendum. The Electoral (Amendment) Bill, 1983, as passed by both Houses of the National Parliament, contained provisions which would entitle a British citizen to be registered in a constituency as a Dáil elector if ordinarily resident in that constituency, and thus become entitled to vote at a Dáil election in that constituency. Pursuant to Article 26 of the Constitution the President of Ireland referred the Bill of 1983 to the Supreme Court for a decision on the question whether the Bill, or any provision or provisions thereof, was or were repugnant to the Constitution or to any provision thereof. In pronouncing its decision on the question so referred, it was Held by the...

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24 cases
  • Redmond v Minister for the Environment
    • Ireland
    • High Court
    • 31 July 2001
    ...Article 16 of the Constitution and not from any regulatory laws authorised by Article 16.7. In re The Electoral (Amendment) Bill, 1983 [1984] I.R. 268followed. 4. That the requirement of a deposit was not just a matter of procedural and administrative rules regulating elections which Articl......
  • Leontjava v DPP
    • Ireland
    • Supreme Court
    • 23 June 2004
    ...ART 40.4.3 CONSTITUTION ART 34.4.5 IMMIGRATION BILL 1999 S2(1) BUCKLEY & ORS V AG 1950 IR 67 ELECTORAL (AMDT) BILL 1983, IN RE 1984 IR 268 CONSTITUTION ART 11.1 CONSTITUTION ART 15.10 RIORDAN V AN TANAISTE 1997 3 IR 502 1998 1 ILRM 494 BENNION STATUTORY INTERPRETATION 4ED 2002 648 R V SIMS......
  • T. A. (Minor Suing Through His Mother and Next Friend C. A.) v Minister for Justice and Equality and Others
    • Ireland
    • High Court
    • 14 November 2014
    ...CONSTITUTION ART 40.5 OMAR v GOVERNOR OF CLOVER HILL PRISON 2014 1 ILRM 254 2013/42/12098 2013 IEHC 579 ELECTORAL (AMDT) BILL 1983, IN RE 1984 IR 268 SAHIN v TURKEY 2007 44 EHRR 5 19 BHRC 590 2006 ELR 73 (APPLICATION NO 44774/98) HRISTOZOV v BULGARIA UNREP ECHR 13.11.2012 (APPLICATION NOS ......
  • The Employment Equality Bill, 1996
    • Ireland
    • Supreme Court
    • 15 May 1997
    ...STATUS BILL 1997 TUOHY V COURTNEY 1994 3 IR 1 CRIMINAL LAW (JURISDICTION) BILL 1975, IN RE 1977 IR 129 ELECTORAL (AMDT) BILL 1983, IN RE 1984 IR 268 ADOPTION (NO 2) BILL 1987, IN RE 1989 IR 656 ART 26 & THE REGULATION OF INFORMATION (TERMINATION OF PREGNANCIES) BILL 1995, IN RE 1995 1 ......
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1 books & journal articles
  • The Referendum, the Courts and Representative Democracy in Ireland
    • United Kingdom
    • Political Studies No. 40-1, March 1992
    • 1 March 1992
    ...26 and the Housing (Private Rented Dwellings) Bill [I9831 IR 181; ILRM 246 (rejected); ReJ Art. 26 and the Electoral (Amendment) Bill1983[1984]IR268(rejected); Ref. Art.26andthe Adoption (No. 2) Billl987[1989] ILRM 266 (upheld). l6 [I9841 IR 268. 12 The Referendum, the Courts and Representa......

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