Courts / Ireland / Report
Waters & O'Doherty open Supreme Court challenge to Covid laws
Summary
In March 2022 the Supreme Court reserved judgment on an appeal by Gemma O'Doherty and John Waters, who challenged the constitutionality of Covid‑19 measures. The appeal contests a High Court decision, upheld by the Court of Appeal, that denied them leave to bring a judicial review, citing the case as "misconceived and entirely without merit". The Supreme Court will decide whether leave should have been granted despite the applicants' failure to present evidential reports on proportionality and rights impact. The applicants seek declarations that several Covid‑related acts and orders are flawed and unconstitutional, arguing that the measures breached constitutional and ECHR rights, were disproportionate, and created a regime akin to martial law. The State, represented by Michael Collins SC and Patrick McCann SC, argues the lower courts were correct in dismissing the appeal. The Supreme Court has not yet set a date for its decision.
Who, what, where, when and why
What: Report matter: Waters & O'Doherty open Supreme Court challenge to Covid laws. Procedural stage: appeal
When:
- May 2020 Other
- 2022-03-15 Publication
Places mentioned
- The Supreme Court
- High Court
- Court of Appeal
- Supreme Court
- Justice Brian Murray. The Supreme Court
- The High Court
Topics
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