ECHR Essay Flashcards
(12 cards)
What is the legal status of the ECHR in Irish domestic law?
The ECHR is incorporated at a sub-constitutional level under the ECHR Act 2003 and does not have direct effect.
What does Article 29.6 of the Irish Constitution state?
No international agreement, including the ECHR, forms part of domestic law unless the Oireachtas determines otherwise.
What are the 3 main mechanisms under the ECHR Act 2003?
Section 2 – interpretive obligation,
Section 3 – obligations for State organs,
Section 5 – declaration of incompatibility.
What does Section 2 of the 2003 Act require?
Courts must interpret Irish law in a manner compatible with the ECHR ‘insofar as possible’.
What is a declaration of incompatibility under Section 5?
A formal ruling that legislation is inconsistent with the ECHR, but it does not invalidate the law.
What key case confirmed the ECHR has sub-constitutional status?
McD v L [2009] IESC 81.
What did Hogan J state in S v Minister for Justice [2011]?
The ECHR was intended as supplementary protection, not a parallel constitution.
What case resulted in a declaration of incompatibility due to eviction procedures?
Donegan v Dublin City Council [2012] IESC 18 – breach of Article 8 ECHR.
Why was Foy v Registrar of Births significant?
The Court found Irish law incompatible with Article 8 ECHR on gender recognition rights.
What did the Court caution against in O’Donnell v South Dublin CC [2015]?
Applying ECHR without addressing the corresponding constitutional provision.
Why is the ECHR’s effect considered limited in Ireland?
It cannot override the Constitution, and declarations of incompatibility do not force legislative change.
Can Irish courts create rights based solely on Strasbourg case law?
No – rights must exist in Irish law or be clearly supported by statute (McD v L).
