State (O'Rourke) v Kelly

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1983
Docket Number[S.C. No. 58 of 1979]
Date01 January 1983

Supreme Court

[S.C. No. 58 of 1979]
The State (O'Rourke) v. Kelly
The State (at the Prosecution of Martin O'Rourke)
and
James A. Kelly and The Attorney General

Cases mentioned in this report:—

1 Corporation of Dublin v. McDonnell (High Court: 3rd July, 1968).

2 The State (Healy) v. DonoghueIR [1976] I.R. 325.

3 The State (Crothers) v. Kelly (High Court: 2nd October, 1978).

4 East Donegal Co-Operative v. The Attorney GeneralIR [1970] I.R. 317.

5 Bristol District Council v. ClarkeWLR [1975] 1 W.L.R. 1443.

Constitution - Statute - Validity - Administration of justice - Judicial function - Interference - Mandatory requirement that specified order be made in particular circumstances - Enactment valid - Housing Act, 1966 (No. 21), s. 62 - Constitution of Ireland, 1937, Articles 6, 34.

Appeal from the High Court.

The first respondent, a District Justice, issued a warrant pursuant to s. 62, sub-s. 3, of the Housing Act, 1966, authorising the recovery by the Corporation of Dublin (the third respondent) of possession of certain premises occupied by the prosecutor. On the 22nd June, 1976, the prosecutor obtained from the High Court (McMahon J.) a conditional order of certiorari quashing the order of the first respondent, unless cause were shown to the contrary, on the ground that the first respondent's order had been made contrary to the principles of natural justice. Cause was shown by the first and third respondents. The prosecutor's motion for an order absolute, notwithstanding the cause shown, was heard by Gannon J. on the 31st January, 1979, and on that date the judge delivered an extempore judgment in which he allowed the cause shown and discharged the conditional order. The prosecutor appealed to the Supreme Court from the order of the High Court made on the 31st January, 1979.

Article 6 of the Constitution of Ireland, 1937, provides:—

"1. All powers of government, legislative, executive and judicial, derive, under God, from the people . . .

2. These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution."

Article 34, s. 1, of the Constitution provides:—

"1. Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public."

Section 62, sub-s. 1, of the Housing Act, 1966, provides:—

"(1) In case,

  1. (a)...

To continue reading

Request your trial
24 cases
  • State (McEldowney) v Kelleher
    • Ireland
    • Supreme Court
    • 1 January 1985
    ...exclusive competence of the courts established under the Constitution, be determined by the legislature. The State (O'Rourke) v. KellyIR [1983] I.R. 58 distinguished. 3. That, accordingly, the provisions of sub-s. 4 of s. 13 of the Act of 1962 were invalid having regard to the provisions of......
  • Murphy v District Justice Wallace
    • Ireland
    • High Court
    • 1 January 1993
    ...(NO 2) ACT 1986 S2(3) COURTS OF JUSTICE ACT 1936 S76 INLAND REVENUE REGULATION ACT 1890 S21 FINANCE ACT 1987 S53 O'ROURKE, STATE V KELLY 1983 IR 58 DEATON V REVENUE COMMISSIONERS 1963 IR 170 RSC O.84 r26(4) Synopsis: DELAY Judicial review Leave - Application - Justification - Distress war......
  • Murphy v GM
    • Ireland
    • Supreme Court
    • 18 October 2001
    ...THE PROTECTION OF FUNDAMENTAL RIGHTS & FREEDOMS ART 6(2) CRIMINAL JUSTICE ACT 1994 PHILLIPS V UK UNREP 5/7/2001 O'ROURKE, STATE V KELLY 1983 IR 58 CONSTITUTION ART 29 PROCEEDS OF CRIME ACT 1996 S2(5)(C) CONSTITUTION ART 29.6 O LAIGHLEIS 1960 IR 93 BLACKSTONE COMMENTARIES VOL 4 5 PROCEEDS ......
  • JRI Resources Sdn Bhd v Kuwait Finance House (M) Bhd (President of Association of Islamic Banking Institutions Malaysia and Another, interveners)
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • Request a trial to view additional results
2 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT