Curtin v Dail Eireann

Shimmy!

In the case of Judge Brian Curtin what is the main focus of the case? Is it simply the first case of impeachment in Ireland or is it to do with the use of evidence in court? i'm confused on this matter as my textbook isn't very clear. If this were to come up in an exam what exactly would they be asking?:(

Tom Young

Read this: http://www.bailii.org/ie/cases/IESC/2006/S14.html

Article 35.4.1 of the Constitution regarding the parliamentary procedure for the removal of judges from office.

Issues:

General principles of constitutional interpretation;
History;
Consideration of Article 35.4.1;
Judicial Independence;
Separation of powers;
Constitutional justice; Fair procedures;
Constitutionality of section 3A of Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) 1997 Act;
Conclusion on interpretation of Article 35.4.1;
Conclusion on section 3 order; and
Double jeopardy.

Take your pick. In the context of an exam I suggest this could be best used to exemplify aspects of the separation of powers; constitutional interpretation and justice and fair procedures.

bren33

...or is it that he is just a dirty old man?

dermot_sheehan

Curtin v. Dail Eireann is whether the Dail adopted appropriate procedures to hear the impeachment case against former judge Curtin. Previous decisions of the Supreme Court limited the powers of Dail investigative committees to summon witnesses and compel evidence (namely the committee investigating the Carty shooting).

The Supreme Court held in this case though where the dail was acting pursuant to an express constitutional power (impeachment) it could form committees with the power to compel evidence form witnesses.

The issue regarding the admissibility of Curtin's computer was decided by the Circuit Court hearing his criminal charge. The circuit judge decided based on previous decisions of Peopel v. O'Brien and DPP v. Kenny that as the search warrant was invalid the evidence was inadmissible. There is no written decision from the Circuit Court, the reported judgment from the High and Supreme Courts involves Curtin's challenge to the Dail's impeachment procedure. Interestingly this point is currently before the Supreme Court in the case of DPP v. Cash, whether evidence unconstitutionally obtained must always be excluded.

epgc3fyqirnbsx

oh that sounds interesting, whats that case about?

dermot_sheehan

An appeal of this judgment of Charleton J.
http://www.courts.ie/Judgments.nsf/23fd4a34bad801d980256ec50047a0a8/e6760dc973caa45b802572c9004afdda?OpenDocument