Global InformationBederev v Ireland information
| Bederev v Ireland | |
|---|---|
 Coat of arms of Ireland | |
| Court | Supreme Court of Ireland |
| Full case name | Bederev v Ireland |
| Decided | 22/06/2016 |
| Citation | [2016] IESC 34; [2016] 3 IR 1, [2016] 2 ILRM 340 |
| Case history | |
| Appealed from | The Court of Appeal |
| Appealed to | The Supreme Court of Ireland |
| Court membership | |
| Judges sitting | Denham CJ, O'Donnell Donal J, McKechnie J, Clarke J, MacMenamin J, Dunne J, Charleton J |
| Case opinions | |
| very brief summary. | |
| Decision by | MacMenamin J |
| Concurrence | Denham CJ, O Donnell J, McKechnie J, Clarke J, MacMenamin J, Dunne J, Charleton J, |
| Dissent | None |
| Keywords | |
| Constitution of Ireland, Separation of Powers | |
Bederev v Ireland, [2016] IESC 34; [2016] 3 IR 1, [2016] 2 ILRM 340[1] is an Irish Supreme Court case which overturned the Court of Appeal's decision that declared s 2 (2) of the Misuse of Drugs Act 1977 unconstitutional on the grounds that it infringed on the exclusive authority of the Oireachtas to make legislation. The Court held that s 2(2) of the 1977 Act contains sufficient principles to allow the government to expand the list of controlled drugs, and is "not an abrogation of the democratic responsibility of the Oireachtas."[2][3] This case is significant as it resolved the issues arising from the earlier decision of the Court of Appeal which had attracted international media attention by decriminalising certain Class A drugs, ecstasy for example, for a period of 24 hours until the Oireachtas pushed through emergency legislation.[4][5]
- ^ "Bederev -v- Ireland, The Attorney General & ors [2016] IESC 34 (22 June 2016)". www.bailii.org. Retrieved 6 November 2019.
- ^ Minihan, Mary; Hilliard, Mark; Gallagher, Conor. "Drugs ruling will impact on pending cases, says expert". The Irish Times. Retrieved 27 November 2019.
- ^ "Bederev v Ireland: Misuse of Drugs Act 1977 is constitutional—no precedents were harmed". SCOIRLBLOG. 23 June 2016. Retrieved 27 November 2019.
- ^ Cahill, Maria; O' Conaill, Sean (2017). "Judicial Restraint Can Also Undermine Constitutional Principles: An Irish Caution". University of Queensland Law Journal. 36 (2): 266–267 – via HeinOnline.
- ^ Minihan, Mary. "Give Me a Crash Course In . . . the temporary legalisation of ecstasy". The Irish Times. Retrieved 27 April 2020.