Re Electoral (Amendment) Bill, 1983

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 08 February 1984
• Docket Number: [S.C. No. 373 of 1983]
• Date: 08 February 1984

(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...