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Supreme Court decisions

  • 10-06-2013 1:23pm
    #1
    seb65
    Registered Users, Registered Users 2 Posts: 402 ✭✭


    Can anyone point me towards a case where the Irish Supreme Court has overturned a previous decision it had made - or at least significantly strayed from a principle it had set down?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Damache v Dpp

    http://www.courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/bdc2ceb03a9689ad802579ad0050dd8b?OpenDocument


  • #3
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    An interesting one simply because of the fact that it was recently topical (and I bet is going to emerge again soon) is the issue of referendum and general election procedure.

    This is not so clear as an explicit overturning, but compare an initial refusal of the SC to intervene in the legislative/ procedural aspects of referenda (Finn v. AG [1983]; Slattery v. An Taoiseach [1992]; McKenna v. An Taoiseach [1992]) in the 1980s and early 1990s, compared to the 2nd McKenna judgement (McKenna v. An Taoiseach [1995]).

    This is not quite so explicit a shift as you will find elsewhere, but it is substantial and of topical interest, as it is an issue which remains largely unresolved and certain to crop up again, as it did in Doherty during the Fiscal Treaty.


  • #4
    Dandelion6
    Registered Users, Registered Users 2 Posts: 1,405 ✭✭✭Dandelion6


    Would the L&O decision count? This was the one in which the Supreme Court decided that having an Irish citizen child did not automatically confer a right to residency on the parents. IIRC they distinguished rather than exactly overturning previous case law which suggested it did confer such a right, but it had such a huge effect on government policy I would say it qualified as "significantly straying".


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