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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
Constitution of Ireland
Ultra Vires
An Garda Síochána
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]
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]
^ abArdagh v. Maguire [2002] IESC 21, 11 April 2002, retrieved 2024-04-15
^Carolan, Mary. "Ruling today on Abbeylara inquiry appeal". The Irish Times. Retrieved 2019-11-22.
^"Gardaí to investigate fatal shooting of siege gunman". rte.ie. 20 April 2000. Retrieved 2024-04-15.
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