The State (Walsh and Others) v Lennon and Others

• Jurisdiction: Ireland
• Judgment Date: 27 January 1942
• Date: 27 January 1942
• Court: Supreme Court

(H.C., S.C.),

The State (Walsh and Others)

and

Lennon and Others

Emergency Powers -"Time of war" - Extension of definition by First Amendment of the Constitution - Jurisdiction of High Court in "time of war" to grant order of habeas corpus - Common law right of subject - Whether merged in Constitution -Emergency Powers Orders - Order directing Military Court to try four accused persons together -Whether Order precluded Military Court from exercising control over its own procedure -Validity of Order - Order directing that Military Court should not be bound by any rule of evidence -Validity of Order - Effect of entering a nolle prosequi - No bar to a subsequent indictment for the same offence - Emergency Powers Act, 1939 (No. 28 of 1939), s. 2 - Emergency Powers (Amendment) (No. 2) Act, 1940 (No. 16 of 1940), s. 3 - Emergency Powers (No. 41) Order, 1940 -Emergency Powers (No. 139) Order, 1941 -Emergency Powers (No. 41 F) Order, 1941 -Criminal Justice (Administration) Act, 1924 (No. 44 of 1924), s. 12.

1. Art. 28, s. 3, sub-s. 3, of the Constitution provides: —"Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public...