High Court brings forward decision on Donegal South-West by-election to Wednesday

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The High Court was due to issue a judgement on the action taken over the Donegal South-West by-election this Friday, but it's been announced this evening that judgement will actually made this Wednesday rather than Friday.

Sinn Féin Donegal Senator Pearse Doherty took a High Court challenge over the failure by the Government to hold a by-election in Donegal South-West. The challenge centres around the vacant seat in Donegal South-West as a result of the election of Pat The Cope Gallagher to the European Parliament in June of last year.
 


corelli

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Well that's not good for the Plaintiffs really. "Actually guys, this case is so crap, it took me far less time to write the judgment than I thought!"
 

Machdaddy

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The High Court was due to issue a judgement on the action taken over the Donegal South-West by-election this Friday, but it's been announced this evening that judgement will actually made this Wednesday rather than Friday.

Sinn Féin Donegal Senator Pearse Doherty took a High Court challenge over the failure by the Government to hold a by-election in Donegal South-West. The challenge centres around the vacant seat in Donegal South-West as a result of the election of Pat The Cope Gallagher to the European Parliament in June of last year.
Surely if SF win it would also mean the two other by-elections would of had to be held before the budget what with the three weeks notice required.So in theory there may be a GE called?
 

Machdaddy

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Well that's not good for the Plaintiffs really. "Actually guys, this case is so crap, it took me far less time to write the judgment than I thought!"
Or to allow sufficient time for the elections to be called before the budget.Sadly methinks you have hit the nail on the head.
 

Holy Cow

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Expatriot

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It is hard to see how they could lose when you read the Constitution.
 

Holy Cow

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= confirmation that Doherty will win the case.

In fact, he'll probably win 20.
And this will give us the sight of a "modern democratic government" heading to the supreme court to prevent elections.
 

Tea Party Patriot

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Nah, the losers will run to the supreme court.

Agreed, the government most certainly will if it goes against them. SF on the other hand may not as it is clearly a publicity stunt on their behalf.
 

corelli

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And this will give us the sight of a "modern democratic government" heading to the supreme court to prevent elections.
No, it gives the sight of a democratically elected government, however much one might dislike them, defending an action in the courts on the basis of our Constitution which limits the right to call byelections to resolution of the Oireachtas. A resolution which has been attempted three times and defeated each time. Now if the Courts read something into the Constitution that gives the Courts a role then fine, but the Courts have always been very keen to maintain the separation of powers.
 

GDPR

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No, it gives the sight of a democratically elected government, however much one might dislike them, defending an action in the courts on the basis of our Constitution which limits the right to call byelections to resolution of the Oireachtas. A resolution which has been attempted three times and defeated each time. Now if the Courts read something into the Constitution that gives the Courts a role then fine, but the Courts have always been very keen to maintain the separation of powers.
Even when a clear majority of right thinking posters on P.ie would wish otherwise?

Surely not.
 

gijoe

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Well that's not good for the Plaintiffs really. "Actually guys, this case is so crap, it took me far less time to write the judgment than I thought!"
Or, it is such an abomination that no by-election has taken place to date that the Judge reckons it needs to be held ASAP.......no more delays.....
 

Holy Cow

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No, it gives the sight of a democratically elected government, however much one might dislike them, defending an action in the courts on the basis of our Constitution which limits the right to call byelections to resolution of the Oireachtas. A resolution which has been attempted three times and defeated each time. Now if the Courts read something into the Constitution that gives the Courts a role then fine, but the Courts have always been very keen to maintain the separation of powers.
Thats the official line, but we all know the that they are not holding the byelections because they will lose them. And this would pretty much mean the end of the government.
 

corelli

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Thats the official line, but we all know the that they are not holding the byelections because they will lose them. And this would pretty much mean the end of the government.
Not being smart but you do know that the State defend these actions on the basis of advice given by the AG, with, usually, input by outside counsel and the Chief State Solicitors Office.

I fully accept that they don't want the elections, they wouldn't now would they, but there is also the Constitutional principle, which is hugely important, that the Courts do not get involved with the operation of the Oireachtas.
 

jacko

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bottom line - it is the majority of Dail Eireann that must support the moving of the writ - the courts cannot compel any 83 democratically elected members to vote a certain way on a motion
 
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