The State (Burke) v Lennon and Attorney General
| Jurisdiction | Ireland |
| Judgment Date | 15 December 1940 |
| Date | 15 December 1940 |
| Court | Supreme Court |
(H.C., S.C.),
The State (Burke)
and
Lennon and the Attorney-General
Warrant under hand of Minister - Validity of warrant -Proclamation condition precedent to issue of warrant - No statement in warrant that proclamation was made and published - Jurisdiction of the Minister to issue warrant - Whether Minister "satisfied" that conditions precedent fulfilled -Whether Minister acting judicially or ministerially - Legality of internment - Whether statutory power to order internment is repugnant to the Constitution - Order of High Court for release of prisoner - No right of appeal to Supreme Court against order of release - Constitution of 1937, Arts. 5, 6, 9, 13, 15, 24, 28, 29, 30, 34, 35, 37, 38, 40, 41, 42, 43 and 44 - Offences Against the State Act, 1939 (No. 13 of 1939), ss. 2, 12, 35, 54 and55
Art. 40, clause 4, of the Constitution provides:—"1—No citizen shall be deprived of his personal liberty save in accordance with law. 2—Upon complaint being made by or on behalf of any person that he is being unlawfully...
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36 cases
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State (Browne) v Feran
...Industry and CommerceIR [1929] I.R. 582 and Attorney-General (Fahy) v. BruenIR [1936] I.R. 750 approved. The State (Burke) v. LennonIR [1940] I.R. 136 not applied. 2. That the appeal should be dismissed as the conviction and order of the District Court did not show jurisdiction on its face.......
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The State (Walsh and Others) v Lennon and Others
... ... , as in no case had it been decided that the entering of a nolle prosequi by the Attorney-General was a bar to another indictment for the same offence, and it was well established that the ... ...
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People v O'Shea
...the Suit of The Director of Public Prosecutions) and Patrick Leo O'Shea Cases mentioned in this report:— 1 The State (Burke) v. Lennon [1940] I.R. 136. 2 The State (Browne) v. Feran [1967] I.R. 147. 3 The State (Attorney General) v. Binchy [1964] I.R. 395. 4 The People (Attorney General) v.......
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People (Attorney General) v Kennedy
... ... An appeal is given by s. 44 of the Offences Against the State Act, 1939, to any person convicted before the Special Criminal Court, and by s. 44, sub-s. 2, of ... if comprehensive, are not adequate to alter the law having regard to dicta in The State (Burke) v. Lennon and the Attorney-General (4) ... I felt this reasoning of counsel rather persuasive and I ... ...
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2 books & journal articles
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The Human Rights Act and Juridification: Saving Democracy from Law
...Press.Somek, A. (2007), ‘Kelsen Lives’, The European Journal of International Law 18(3), pp. 409–451.The State (Burke) v. Lennon [1940] Irish Reports 136.Travis, A. (2009a), ‘Most Control Orders Likely to Be Revoked after Terror Suspect Freed’, The Guardian,7 September, available at: http:/......
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The Origins of the Irish Constitution, 1928?1941 by Gerard Hogan
...law. 2 State (Ryan) v Lennon [1935] I.R. 170 3 Re Art 26 and the School Attendance Bill 1942 [1943] I.R. 334 4 State (Burke) v Lennon [1940] I.R. 136 Book Reviews.indd 135 11/06/2013 10:46 136 DAVID GWYNN MORGAN And yet such a view would, in my opinion, postulate a starker difference betwee......