Ardagh v Maguire
Irish Supreme Court case / From Wikipedia, the free encyclopedia
Ardagh v Maguire [2002] IESC 21; [2002] 1 IR 385[1] was a landmark Irish Supreme Court case on the separation of powers under the Constitution of Ireland. The Court ruled that the holding of an inquiry by the Joint Oireachtas [national parliament] Subcommittee was acting outside the constitutional powers of the Houses of the Oireachtas.[2] The inquiry concerned the case of the fatal shooting of John Carthy at Abbeylara (the Abbeylara case) on the 20 April 2000 by members of An Garda Síochána.[3]
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Ardagh v Maguire [2002] IESC 21 | |
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Court | Supreme Court of Ireland |
Decided | 11 April 2002 |
Citation(s) | [2002] IESC 21; [2002] 1 IR 385 |
Transcript(s) | https://www.bailii.org/ie/cases/IESC/2002/21.html |
Case history | |
Prior action(s) | Maguire v Ardagh [2001] IEHC 133 |
Appealed from | High Court of Ireland |
Court membership | |
Judges sitting | Keane C.J., Denham, Murphy, Murray, McGuinness, Hardiman, Geoghegan |
Case opinions | |
The Court ruled that the holding of an inquiry concerning the case of a fatal shooting of a member of An Garda Síochána by the Houses of the Oireachtas was an ultra vires act. | |
Keywords | |
The case addressed the legal authority of the national parliament in Ireland to carry out investigations which could lead "to adverse findings of fact and conclusions" and could damage the reputation of persons who are not members of the Houses of Oireachtas.[1]