The State (C.) v Minister for Justice
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1968 |
| Date | 01 January 1968 |
| Court | Supreme Court |
(S.C.)
The State (C.)
and
Minister for Justice
District Justice -Pre-Treaty statute - Repugnancy to Constitution - Statute authorising detention by ministerial order of prisoner in mental institution - Prisoner on remand from District Court - Whether Justice exercising a judicial function on preliminary investigation of indictable offence - Whether ministerial order an interference with such function -Constitution of Ireland, 1937. Articles 6, 28, 34, 37, 50 - Lunatic Asylums (Ireland) Act, 1875, s. 13 - Criminal Justice Act, 1960, s. 8 (2)-Adaptation of Enactments Act, 1922, s. 11 -Ministers and Secretaries Act, 1924, s. 1 Sch. -Provisional Government (Transfer of Functions) Order, 1922 - Mental Treatment Act, 1945, s. 165.
The provisions of s. 13 of the Lunatic Asylums (Ireland) Act 1875, authorised the Lord Lieutenant of Ireland to order that a person, who had been remanded by a justice for...
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13 cases
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Leonard v District Judge Garavan
...[1982] I.L.R.M. 590. The State (Buchan) v. Coyne (1936) 70 I.L.T.R. 185. The State (C.) v. Minister for Justice [1967] I.R. 106; (1967) 102 I.L.T.R. 177. The State (Healy) v. Donoghue [1976] I.R. 325; (1976) 112 I.L.T.R. 37; (1975) 110 I.L.T.R. 9. The State (Holland) v. Kennedy [1977] I.R. ......
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Kavanagh v Ireland
...The State (Burke) v. Lennon [1940] I.R. 136; (1940) 74 I.L.T.R. 36, 131. The State (C.) v. The Minister for Justice [1967] I.R. 106; (1967) 102 I.L.T.R. 177. The State (Lynch) v. Cooney [1982] I.R. 337; [1983] I.L.R.M. 89. The State (McCormack) v. Curran [1987] I.L.R.M. 225. Walsh v. The Go......
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Desmond v Glackin (No. 2)
...Ch. 35; 75 L.T. 426; 13 T.L.R. 46; 41 S.J. 63; 4 Mans. 89; 45 W.R. 193. The State (C.) v. The Minister for Justice [1967] I.R. 379; (1967) 102 I.L.T.R. 177. The State (Director of Public Prosecutions) v. Walsh [1981] I.R. 412. The State (Kane) v. The Governor of Mountjoy Prison [1987] I.R. ......
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Fitzgerald v DPP
...384; [1983] I.L.R.M. 549. The Queen v. Justices of Antrim [1895] 2 I.R. 603. The State (C.) v. Minister for Justice [1967] I.R. 106; (1967) 102 I.L.T.R. 177. The State (Creedon) v. Criminal Injuries Compensation Tribunals [1988] I.R. 51; [1989] I.L.R.M. 104. The State (McEldowney) v. Kelleh......
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