Re Electoral (Amendment) Bill, 1983

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

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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23 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......
  • Tareeq Omar v Governor of Cloverhill Prison
    • Ireland
    • High Court
    • 17 December 2013 time of arrest rendered arrest unlawful - Contingency of detention on validity of arrest - Re Article 26 and Electoral (Amendment) Act [1984] IR 268; The People (Attorney General) v Hogan (1972) 1 Frewen 260; Director of Public Prosecutions v Forbes [1994] 2 IR 542; Director of Public P......
  • King v Minister for Environment
    • Ireland
    • High Court
    • 19 December 2003
    ...argued, had been described in terms of a "constitutional code for the holding of elections". In Re The Electoral (Amendment) Bill, 1983, [1984] I.R. 268, O'Higgins C.J. had stated the position as follows at p. 274:- " These provisions indicate a total code for the holding of elections to D......
  • N.H.v v Minister for Justice and Equality
    • Ireland
    • Court of Appeal (Ireland)
    • 14 March 2016
    ...11 I cannot share the view of Hogan J. that the Supreme Court by its judgments in Re. Article 26 and the Electoral (Amendment) Bill [1984] I.R. 268, Re. Article 26 and the Illegal Immigrants (Trafficking) Bill 1999 and Nottinghamshire County Council v. K.B. [2011] IESC 48, [2013] 4 I.R. ......
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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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