The State (at the prosecution of Jennings) v J Furlong

JurisdictionIreland
Judgment Date24 January 1966
Date24 January 1966
Docket Number(1965. No. 172 S.S.)
CourtHigh Court
(H.C.)
State (Sumers Jennings) Furlong
and
Furlong

Validity - Extradition -Alleged failure of statute to implement rule of international law - Whether rule of speciality part of Irish domestic law - Constitution of Ireland,Art. 29, s. 3 - Extradition Act, 1965, Pt. III.

Pursuant to the provisions contained in Part III of the Extradition Act, 1965, the prosecutor was arrested and remanded in custody in Ireland on foot of a warrant which had been issued by a judicial authority in England for the purpose of having the prosecutor conveyed to that country. The prosecutor obtained a conditional order of habeas corpus on the ground, in effect, that Part III of the Act was repugnant to the terms of section 3 of Article 29 of the Constitution as that Part of the Act did not implement a generally recognised principle of international law, namely, the rule of speciality. The prosecutor applied to the High Court for an order making the conditional order absolute notwithstanding the cause shown by the respondents. At the hearing of that application it was submitted on behalf of the prosecutor that the rule of speciality was a generally recognised principle of international law and, as such, was accepted in Ireland by the express terms of section 3 of Article 29 of the constitution as a rule of conduct in Ireland's relations with other states and that, accordingly, the failure of Part III of the Act to implement that rule rendered the provisions of that Part of the Act repugnant to the terms of...

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10 cases
  • State (Gilliland) v Governor of Mountjoy Prison
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    ... ... THE MATTER OF ARTICLE 40.4.3 OF THE CONSTITUTION BETWEEN THE STATE AT THE PROSECUTION OF JAMES HILDAGEGILLILAND Prosecutor and THE GOVERNOR OF MOUNTJOY PRISON ... ...
  • Kavanagh v Governor of Mountjoy Prison
    • Ireland
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    • 1 March 2002
    ... 1993 2 IR 406 GUTRANI V MIN FOR JUSTICE 1993 2 IR 427 G V DPP 1994 1 IR 374 CONSTITUTION ART 15.2.1 SUMMERS JENNINGS, STATE V FURLONG 1966 IR 183 GILLILAND, STATE V GOVERNOR OF MOUNTJOY PRISON 1987 IR 201 CONSTITUTION ART 31.1 DALY V MIN FOR THE MARINE & AG UNREP SUPREME 4.10.2001 11st......
  • Horgan v Ireland
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    • 28 April 2003
    ...THE CONDUCT OF OTHER STATES JAPANESE JOURNAL OF INTERNATIONAL LAW 1–15 2002 O'LAIGHLEIS, RE 1960 IR 93 SUMERS JENNINGS, STATE V FURLONG 1966 IR 183 KAVANAGH V GOVERNOR MOUNTJOY PRISON 2002 2 ILRM 81 CONSTITUTION ART 28.4 MFM V MC 2001 2 IR 385 BYRNE V IRELAND 1972 IR 241 ROBERTS & GUELFF ......
  • A C W v Ireland
    • Ireland
    • High Court
    • 1 January 1994
    ...(1945) 79 I.L.T.R. 139. The State (Healy) v. Donoghue [1976] I.R. 325; (1975) 110 I.L.T.R. 9. The State (Sumers Jennings) v. Furlong [1966] I.R. 183. J.W. v. M.W. [1978] I.L.R.M. 119. Wavin Pipes Ltd. v. Hepworth Iron Co. Ltd. [1982] F.S.R. 32. Plenary summons. The facts have been summarise......
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