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Crotty V. An Taoiseach
''Crotty v. An Taoiseach''987IESC 4, 987IR 713, 987ILRM 400, 9872 CMLR 666, (1987) 93 ILR 480. was a landmark 1987 decision of the Irish Supreme Court which found that Ireland could not ratify the Single European Act unless the Irish Constitution was first changed to permit its ratification. The case, taken by Raymond Crotty formally against the Taoiseach (then Garret FitzGerald), directly led to the Tenth Amendment of the Constitution of Ireland (which authorised the ratification of the Single Act) and established that significant changes to European Union treaties required an amendment to the Irish constitution before they could be ratified by Ireland. As a consequence, the Republic of Ireland, uniquely in the EU, requires a plebiscite for every new, or substantive change to a, European Union Treaty. The substantive issues in the case revolved around the interpretation of Part III of the Single European Act which codified cooperation on foreign policy matters between the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , bud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Third Amendment Of The Constitution Of Ireland
The Third Amendment of the Constitution Act 1972 is an amendment to the Constitution of Ireland that permitted the State to join the European Communities, which would later become the European Union, and provided that European Community law would take precedence over the constitution. It was approved by referendum on 10 May 1972, and signed into law by the President of Ireland Éamon de Valera on 8 June of the same year. The incorporation of the law of the European Communities into Irish domestic law was put into effect by the European Communities Act 1972, which became law on the day Ireland acceded to the European Communities on 1 January 1973. Background Belgium, France, West Germany, Italy, Luxembourg and the Netherlands formed the European Coal and Steel Community in 1951. In 1957, the same six countries formed the European Economic Community and European Atomic Energy Community. Together, these were known as the European Communities and shared common institutions. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1987 In The Republic Of Ireland
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, killing everyone except a little girl; The King's Cross fire kills 31 people after a fire under an escalator Flashover, flashes-over; The MV Doña Paz sinks after colliding with an oil tanker, drowning almost 4,400 passengers and crew; Typhoon Nina (1987), Typhoon Nina strikes the Philippines; LOT Polish Airlines Flight 5055 crashes outside of Warsaw, taking the lives of all aboard; The USS Stark is USS Stark incident, struck by Iraq, Iraqi Exocet missiles in the Persian Gulf; President of the United States, U.S. President Ronald Reagan gives a famous Tear down this wall!, speech, demanding that Soviet Union, Soviet leader Mikhail Gorbachev tears down the Berlin Wall., 300x300px, thumb rect 0 0 200 200 Zeebrugge disaster rect 200 0 400 200 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1987 In Irish Law
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, killing everyone except a little girl; The King's Cross fire kills 31 people after a fire under an escalator flashes-over; The MV Doña Paz sinks after colliding with an oil tanker, drowning almost 4,400 passengers and crew; Typhoon Nina strikes the Philippines; LOT Polish Airlines Flight 5055 crashes outside of Warsaw, taking the lives of all aboard; The USS Stark is struck by Iraqi Exocet missiles in the Persian Gulf; U.S. President Ronald Reagan gives a famous speech, demanding that Soviet leader Mikhail Gorbachev tears down the Berlin Wall., 300x300px, thumb rect 0 0 200 200 Zeebrugge disaster rect 200 0 400 200 Northwest Airlines Flight 255 rect 400 0 600 200 King's Cross fire rect 0 200 300 400 Tear down this wall! rect 300 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation Of International Law
The incorporation of international law is the process by which international agreements become part of the municipal law of a sovereign state. A country incorporates a treaty by passing domestic legislation that gives effect to the treaty in the national legal system. Whether incorporation is necessary depends on a country's domestic law. Some states follow a monist system where treaties can become law without incorporation, if their provisions are considered sufficiently self-explanatory. In contrast dualist states require all treaties to be incorporated before they can have any domestic legal effects. Most countries follow a treaty ratification method somewhere between these two extremes. Monist systems In monist systems like the Netherlands, treaties can normally be ratified only after they are approved by the legislature, but the treaties then become legally binding in domestic law if they are self-executing. France is another example of a monist system. Under French law, rati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Séamus Henchy
Séamus Anthony Henchy (6 December 1917 – 5 April 2009) was an Irish judge, barrister and academic who served as judge of the Supreme Court of Ireland between 1972 and 1988. Many of Henchy's judgments are considered to be influential in the development of Irish constitutional law. Born in County Clare, he studied law and Celtic studies in Galway and Dublin, obtaining a PhD in Celtic studies in 1943. He practiced as a barrister and was appointed to the High Court in 1962. He presided over the Arms Trial in 1970. He was elevated to the Supreme Court in 1972, where he was noted for his opinions in ''McGee v. The Attorney General'', ''Cahill v. Sutton'', '' Norris v. Attorney General'' and ''Crotty v. An Taoiseach''. He died in 2009. Early life Henchy was born in 1917 to shopkeepers Patrick and Margaret in Corofin, County Clare as one of seven children. He attended primary school in Corofin and for secondary school wen to St Mary's College, Galway. His university education ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian Walsh (judge)
Brian Walsh (23 March 1918 – 9 March 1998) was an Irish judge who served as a Judge of the Supreme Court from 1961 to 1990, a Judge of the European Court of Human Rights from 1980 to 1998 and a Judge of the High Court from 1959 to 1961. Walsh was described as "one of Ireland's greatest judges" and the "outstanding legal reforming mind of his generation" by Prof. John J. Lee.Alan Murdoch,Obituary: Judge Brian Walsh" ''The Independent'', London 1998-03-11 (accessed 2011-01-25) Walsh was seen as a reforming judge who sat on such key cases as ''Byrne v. Ireland'' (1972) - unconstitutionality of state immunity in tort; '' McGee v. The Attorney General'' (1974) - right to marital privacy and contraceptives; '' Crotty v An Taoiseach'' (1987) - ratification of EU treaties. He was one of the dissenting minority in the case at the European Court of Human Rights that ruled in 1981 that the United Kingdom had breached the Convention in the matter of Northern Ireland Northern Irel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voting In The Council Of The European Union
The procedures for voting in the Council of the European Union are described in the treaties of the European Union. The Council of the European Union (or simply "Council" or "Council of Ministers") has had its voting procedure amended by subsequent treaties and currently operates on the system set forth in the Treaty of Lisbon. The system is known as qualified majority voting. Current qualified majority voting rules (since 2014) Article 16 of the Treaty on European Union, as amended by the Treaty of Lisbon, stipulates that the Council voting arrangements of the Nice Treaty applied until 31 October 2014. Article 16 also states the conditions for a qualified majority, effective since 1 November 2014 (Lisbon rules): * Majority of countries: 55% (comprising at least 15 of them), or 72% if acting on a proposal from neither the Commission nor from the High Representative, and * Majority of population: 65%. A blocking minority requiresin addition to not meeting one of the two co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name " Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of First Instance
The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. Competence The General Court hears disputes (such as those by persons who have been refused a trade mark by EUIPO, the EU Trade Mark and designs registry). The creation of the General Court instituted a judicial system based on two levels of jurisdiction: all cases heard at first instance by the General Court may be subject to a right of appeal to the Court of Justice on points of law only. In view of the increasing number of cases brought before t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Finlay (judge)
Thomas Aloysius Finlay (17 September 1922 – 3 December 2017) was an Irish judge, politician and barrister who served as Chief Justice of Ireland and a Judge of the Supreme Court from 1985 to 1994, President of the High Court from 1974 to 1985 and a Judge of the High Court from 1971 to 1985. He served as a Teachta Dála (TD) for the Dublin South-Central constituency from 1954 to 1957. Early life He was the second son of Thomas Finlay, a politician and senior counsel whose career was cut short by his early death in 1932. He was educated at Clongowes Wood College, University College Dublin (UCD) and King's Inns. While attending UCD, he was elected Auditor of the University College Dublin Law Society. His older brother, William Finlay (1921–2010), was a governor of the Bank of Ireland. Legal career He was called to the Bar in 1944, practicing on the Midlands circuit and became a senior counsel in 1961. He successfully defended Capt James Kelly in the 1970 arms trial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
