Does Gov't always appeal on constitutional matters?

Pines

Watching Oireachtas reports tonight (yes, yes, insomniac but not drunk), I noticed Dan Boyle defending the Government's decision to appeal the Doherty by-election decision to the Supreme Court as follows (I paraphrase):

- The Irish Government always, as a matter of policy, appeals to the Supreme Court any High Court decision on a constitutional issue.

Ivana Bacik intervened with a "point of order" (which it was not) to challenge this point, saying that this was factually untrue, but she was not allowed to develop her point.

Who's right on this one? Have there been major decisions on constitutional issues decided against the Government which were not appealed?

Dandelion6

The C and D abortion cases in the High Court were not appealed to the Supreme Court - even though there were findings in the two cases that were directly contrary to each other (in the C case it was said that the constitutional right to travel only applies, as a positive right, where the abortion would be legal in Ireland anyway - ie there is a threat to the woman's life - whereas in the D case it was said that there is a general right to travel for an abortion).

Given it was Ivana Bacik, those might well have been the cases she was thinking of.

Jo King

The begging case i.e. the case where a beggar claimed the section of the Vagrancy Act he was being prosectuted under was unconstitutional was not appealed.

sh_o

I presume the appeal to the supreme Court is a tactic so the Government do not need to face by-elections in Waterford and Dublin South.

coylemj

sh_o wrote: »

I presume the appeal to the supreme Court is a tactic so the Government do not need to face by-elections in Waterford and Dublin South.

That's possible but I believe the case is considered important because it touches on the separation of powers (Executive vs. Judiciary) and the Govt. want the issue clarified once and for all by the Supreme Court.