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Supreme Court upholds rejection of Waters & O'Doherty's bid to challenge Covid laws

Summary

The Supreme Court dismissed Gemma O'Doherty and John Waters' bid to challenge the constitutionality of Covid‑19 pandemic laws. Chief Justice Donal O'Donnell ruled that the applicants failed to present the expert or factual evidence required to show that the regulations were disproportionate or part of a conspiracy to undermine citizens' rights. The Court held that the High Court and Court of Appeal were correct in refusing leave to bring a judicial review. In a 6‑to‑1 decision, the Supreme Court rejected the appeal, noting that the applicants had relied on unsubstantiated views and rhetoric rather than evidence. A dissenting judge, Gerard Hogan, argued that the measures' impact on constitutional rights warranted scrutiny, but the majority upheld the lower courts' findings. The decision ends the legal challenge to the Covid‑19 legislation.

Who, what, where, when and why

What: Report matter: Supreme Court upholds rejection of Waters & O'Doherty's bid to challenge Covid laws. Procedural stage: appeal

When:

• May 2020 Other
• 2022-07-05 Publication

Why: Returning the court's decision, Chief Justice Donal O'Donnell said that in order to succeed, Ms O'Doherty and Mr Waters would have needed evidence to support the core of their case that the regulations and restrictions were part of some global conspiracy to undermine the rights of citizens. CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report