Courts / Ireland / Report

Challenge by Waters and O'Doherty 'doomed', State says

Summary

John Waters and Gemma O'Doherty filed a High Court judicial review challenging Covid‑19 legislation, arguing it was unconstitutional and flawed. They sought the court to quash the laws and declare them unconstitutional. The State, represented by lawyers for the Dáil, Seanad and Ceann Comhairle, opposed the action, claiming procedural flaws, lack of standing, and that the challenge should have been brought by a plenary hearing. The applicants cited the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid‑19 Act and the 1947 Health Act (Affected Areas) Order, and temporary restrictions under the 1947 Act. They alleged the measures violated constitutional rights to travel, bodily integrity and family life, describing the situation as akin to martial law and a coup. The judge reserved his decision, stating the case was "doomed" on several grounds. The proceedings remain pending.

Who, what, where, when and why

What: Report matter: Challenge by Waters and O'Doherty 'doomed', State says. Procedural stage: hearing_or_decision

When:

• 2020-05-06 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report