ECHR Essay Flashcards
(15 cards)
What is Ireland’s general approach to international law?
Ireland follows a dualist approach—international treaties are not part of domestic law unless incorporated by the Oireachtas.
What constitutional article enshrines Ireland’s dualist stance?
Article 29.6 of the Constitution.
When did Ireland become a signatory to the ECHR?
In 1953.
What act incorporated the ECHR into Irish law?
The European Convention on Human Rights Act 2003.
How is the ECHR incorporated under the 2003 Act?
Indirectly and at a sub-constitutional level.
What does Section 2 of the ECHR Act 2003 provide?
Courts must interpret legislation in a way consistent with the ECHR ‘insofar as possible.’
What is the role of Section 3 of the ECHR Act 2003?
Obligates ‘organs of the State’ (excluding the Oireachtas, courts, and President) to act compatibly with the ECHR.
What does Section 5 of the ECHR Act allow?
Courts may issue declarations of incompatibility for laws breaching the ECHR, but the laws remain valid.
What limitation does a declaration of incompatibility have?
It does not invalidate the law; it only requires notification to the Dáil.
What did the Supreme Court hold in McD v L [2009]?
The ECHR is not a parallel constitution and only has legal force as enacted by the Oireachtas.
What was significant about Donegan v Dublin City Council [2012]?
It resulted in a declaration of incompatibility regarding eviction without a fair hearing.
Why is the ECHR described as offering ‘supplementary protection’?
Because it fills gaps when constitutional rights fall short, without overriding them.
What is a main critique of the 2003 Act’s incorporation model?
It is symbolic, not substantive, due to lack of enforceability and judicial conservatism.
What case illustrates a delayed legislative response despite an ECHR breach?
Foy v Registrar of Births (2007 and 2014) on gender recognition rights.
What is the overarching impact of the ECHR in Irish law, according to the essay?
It enhances human rights awareness and prompts reform but remains legally limited by design.
