State (Shanahan) v Attorney-General and Others
| Jurisdiction | Ireland |
| Judgment Date | 02 June 1964 |
| Date | 02 June 1964 |
| Court | Supreme Court |
(S.C.)
State (Shanahan)
and
Attorney-General and Others
Attorney-General -Order returning for trial - Previous refusal of informations by District Justice - Whether any interference by Attorney-General with operation of Courts - Whether Justice exercising judicial function on preliminary investigation of offence -Constitution of Ireland, 1937, Arts. 34, 1; 50, 1 -Courts of Justice Act, 1936, s. 62.
Informations against the prosecutrix in respect of certain offences having been refused, the Attorney-General, under the provisions of s. 62 of the Courts of Justice Act, 1936, directed that the prosecutrix be sent forward for trial in the Circuit Court. The prosecutrix obtained in the High...
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25 cases
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Costello v DPP
...or the provisions of the Constitution relating to the administration of justice. The State (Shanahan) v. The Attorney GeneralIR [1964] I.R. 239 (S.C.) applied. On appeal by the plaintiff it was Held by the Supreme Court, in allowing the appeal, 1, that a District Justice, in conducting a pr......
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Costello v DPP
...shall be deemed to have been done or taken by or on behalf of the Director." 25In the State (Shanahan) .v. The Attorney General 1964 I.R. 239the question of whether or not section 62 of the Courts of Justice Act 1936 is inconsistent with the Constitution was considered by the Supreme Court......
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Sloan v The Special Criminal Court
...had no constitutional right to a preliminary examination before the District Court. The State (Shanahan) v. The Attorney GeneralIR[1964] I.R. 239 and O'Shea v. The Director of Public ProsecutionsIR [1988] I.R. 655 applied; Gerstein v. PughUNK (1975) 420 U.S. 103 distinguished. 6. That since......
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Quinlivan v Governor of Portlaoise Prison
...v. Kelleher [1983] I.R. 289; [1985] I.L.R.M. 10. The State (O.) v. O'Brien [1971] I.R. 42. The State (Shanahan) v. The Attorney General [1964] I.R. 239. In Re Joseph Suche & Co. Ltd. (1875-76) 1 Ch. D. 48. Swire v. Cookson (1883) 48 L.T. 877. Thompson v. Lack (1846) 3 C.B. 540. Zainal bin H......
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1 books & journal articles
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The Administration of Justice, Arbitration and the Shari'a Law Tribunals of Ontario: A Constitutional Perspective
...power of the State.' 2 10 Hogan and Whyte, JM Kelly: The Irish Constitution (4 t e ed., Butterworths, 2003) at 634-636, para. [6.1.42]. " [1964] IR 239. 12 Ibid., at 248. [Vol. 8 2005] Arbitration in Ireland. A Constitutional Perspective 35 Kenny J. offered a slightly different definition o......