Liberty Essay Flashcards
(16 cards)
What does Article 40.4.1° of the Irish Constitution state?
“No citizen shall be deprived of his personal liberty save in accordance with law.”
What did Casey say about the phrase ‘in accordance with law’?
It means more than statutory authority—it requires compliance with fundamental legal norms.
What was the principle in People (AG) v O’Callaghan [1966]?
Preventive detention based on suspicion alone is unconstitutional unless clearly provided for under emergency powers.
How did the 16th Amendment and Bail Act 1997 alter the O’Callaghan principle?
They allowed courts to refuse bail to prevent the commission of serious offences.
What did the Supreme Court decide in DPP v McLoughlin [2009]?
Bail objections must be proven on the balance of probabilities with cogent evidence.
What key protection did King v AG [1981] reaffirm?
That liberty may only be infringed in a way consistent with constitutional norms, not arbitrary statutory powers.
What was unlawful in Omar v Governor of Portlaoise Prison [2013]?
Gardaí entered a private dwelling without lawful authority, violating Article 40.5.
Why was the arrest in DPP v Cullen [2014] found unlawful?
Because Gardaí handcuffed the suspect as a general policy, without considering individual necessity.
Under which statutes is extended detention permitted in Irish law?
Criminal Justice Act 1984 (up to 24 hrs)
Offences Against the State Act 1939 (up to 48 hrs + court extension)
Drug Trafficking Act 1996 (up to 7 days)
Criminal Justice Act 2007 (serious offences, up to 7 days)
What did S v HSE [2009] say about public health detention?
It is lawful if necessary to protect public health but must include periodic review and a rights-based care plan.
How did the ECtHR rule in DG v Ireland (2002)?
Detention in a penal institution was not valid as ‘educational supervision’ under Article 5 ECHR.
What is the relevance of Minister for Justice v Kelly [2013]?
The Supreme Court refused extradition where the sentence breached ECHR standards, showing Ireland’s commitment to the Convention.
What rights did Simpson v Governor Mountjoy [2019] affirm for prisoners?
Detention must not fall below minimum human dignity standards; prisoners retain rights under Article 40.3.
When is habeas corpus under Article 40.4.2° available post-conviction?
Only in cases of jurisdictional error or fundamental denial of justice (Ryan v Midlands Prison [2014]).
What did Joyce v Governor of Dóchas Centre [2012] clarify?
Committal warrants must be jurisdictionally valid; missing or defective warrants may invalidate detention.
What principle did Re Royle [1974] lay down about personal liberty?
“In accordance with law” is a compendious phrase that encompasses essential constitutional safeguards.
