Challanging a statute

Sparks

Hi folks,
A curiosity-based question for you. For the sake of argument, let's say that a hypothetical Minister for Hypotheses (in the Department of Hypothetical Arguments) drafts a Bill. Let's say that a small group of citizens are vehemently opposed to this Bill and are agreed in their wish to oppose it through the Courts.

My questions are: what mechanisms would they be able to utilise in this; and how much money and time (approximately) would such action(s) take?

(as an addendum, I should point out that I'm fairly sure they'd have to at least wait until the Bill was passed and the Act commenced, but I'm open to correction if someone has a copy of the gnostic constitutions to hand )

Quaver

Are you challenging the constitutionality of the Act? Or what grounds are you challenging it on?

You would have to prove that you have the "locus standi" to challenge the Act i.e. have to prove that it has a discriminatory effect on you.

The Government would argue that the Act is necessary on the grounds of public policy or morality, and you would have to argue against this. This is probably quite difficult to prove.

As for money and time, IMO you're talking in the tens of thousands and potentially a long time, but all this depends on the complexities of the case.

Sparks

Actually Quaver, that first question you asked is pretty much what I was pondering. And no, I'm not considering taking such an action. How much in the way of non-hypothetical detail would be useful in finding an answer?

Thomas_S_Hunterson

Couldn't you petition the president to take the matter to court?

Quaver

Well, you can't challenge a hypothetical Act just because you disagree with it. You have to be able to show that it affects or threatens to affect some right of yours. So, if you reckoned this hypothetical Act would affect your right to privacy/right to life or whatever, then you could challenge it.

Sean_K, as far as I know you can't petition the President directly, only she can decide to make an Article 26 reference (referring the Act to hte Supreme Court to test it's constitutionality).

Sparks

Would it have to be an enumerated right in the constitution or could it be something from common law?

Actually, has this ever been done in Ireland?

civdef

You also can't challenge the hypothetical act on grounds of constitutionality if it is found constitutional by the Supreme Court after an article 26 reference by the President.

Quaver

It could be either an enumerated right (eg right to life) or an unenumerated right (right to privacy, right to marry, this list is, in theory, non-exhaustive).

Challenging the constitutionality of Acts has happened a lot in Ireland. Norris v. AG is one that springs to mind, where David Norris challenged the constitutionality of sections of an Act criminalising homosexual acts.