Courts / Dublin / Report

NI citizens have right to vote in 8th amendment referendum, student claims

Date
2018-03-14
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

A Belfast student, Roisin Morelli, has applied to the High Court in Dublin for a judicial review to challenge the Irish State's refusal to allow citizens living in Northern Ireland to vote in the forthcoming referendum on the eighth amendment. Mr Justice Charles Meenan adjourned the leave application to 9 April, directing that the application be served on the Taoiseach, relevant ministers and the Attorney General. Morelli, represented by Madden & Finucane, argues that Irish citizens residing in Northern Ireland have a constitutional right to vote in referenda that alter the constitution, and that the State's refusal breaches her constitutional rights, the Good Friday Agreement and the European Convention on Human Rights. She seeks declarations that the relevant provisions of the Referendum Act and the 1992 Electoral Act are unconstitutional, orders to allow her vote, and damages. The case is set to be heard after the referendum date is fixed by the Dáil and Seanad.

Who, what, where, when and why

What: Report matter: NI citizens have right to vote in 8th amendment referendum, student claims. Procedural stage: hearing_or_decision

When:

Why: When the matter came before Mr Justice Charles Meenan in the judicial review list this week, he said that, because a date has yet to be set for the referendum and the necessary legislation allowing it to be held has not yet been enacted, he was adjourning the leave application to April 9th. CNI source report

Places mentioned

Court Venue
  • High Court
Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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