Stare Decisis Hibernia

Damache v. DPP [2012] IESC 11
(Supreme Court, Denham CJ (judgment of the court), 23 February 2012)

Supreme Court grants declaration that s 29(1) of the Offences against the State Act 1939 (as amended) was repugnant to the constitution, as it permitted search of dwelling house on foot of warrant issued by a person who was not independent. (Full text.)

Criminal law – judicial review – constitutionality of statute – s. 29(1), Offences against the State Act, 1939 (as inserted by s. 5 of the Criminal Law Act, 1976) – issue of search warrant by Garda who was member of investigating team –

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Oconnellpadd13’s Blog


Oconnellpadd13’s Blog: ““In The Eyes Of The Law”, the long-running column which resulted, was a devastating demystification of the judicial system. It showed the unfairness, the prejudice, the class bias?THEN AND NOW?”

‘via Blog this’

Garda made up claim she was kicked – Courts, News – Herald.ie


Garda made up claim she was kicked – Courts, News – Herald.ie: “The judge said any indiscretion on Mr Moore’s part occurred after the illegal search on his vehicle and dismissed all charges against the accused.”?

‘via Blog this’

Government In The Lab | Government In The Lab


Government In The Lab Government In The Lab: Some gruesome murder to sensationalise their so called reporting and better draw focus to their own over-inflated egos.?

In photos: Change Nation launches in Dublin, but what is it? · TheJournal.ie


In photos: Change Nation launches in Dublin, but what is it? · TheJournal.ie: Peter Eigen of Transparency International, a leader of a global coalition to challenge corruption. His leadership is producing change in monitoring and governance in more than 90 countries around the world, according to ChangeNation?

China’s human rights record – The Irish Times – Tue, Feb 21, 2012


China’s human rights record – The Irish Times – Tue, Feb 21, 2012: His wife, Peng Liyuan, may be a pop star, but she is also a major general in the People’s Liberation Army.?

China’s human rights record – The Irish Times – Tue, Feb 21, 2012


China’s human rights record – The Irish Times – Tue, Feb 21, 2012: Meanwhile, 12 Tibetans have self-immolated since January, 24 since last March, the latest an official of the Chinese administration. The question is, will Xi Jinping’s background and personal history “encourage” him to rethink China’s lethal policies in Tibet?

Why the Banks Are Too Big to Jail | Truthout


Why the Banks Are Too Big to Jail Truthout: Even the terminology used to frame the discussion is wrong. Kelleher, an attorney with extensive experience in private practice and the public sector, tells it like it is: “‘robo-signing’ is massive, systematic, fraudulent, criminal conduct.” Alternatively, as he points out, we could just call it “lying, cheating, and stealing.”?

Digital Rights Ireland » Data Retention


Digital Rights Ireland » Data Retention: Was this part of a wider pattern of abuse?

Suspect in cartoonist case wins challenge – The Irish Times – Fri, Feb 24, 2012


Suspect in cartoonist case wins challenge – The Irish Times – Fri, Feb 24, 2012: Chief Justice Susan Denham said. The person authorising a search warrant is required to be able to assess the conflicting interests of the State and the person whose home is to be searched, the judge said. In this case, the detective superintendent was not independent, she added. Article 40.5 of the Constitution expressly provides that one’s home is inviolable and shall not be forcibly entered except in accordance with the law, she said. This meant entry had to be effected “without stooping to methods which ignore the fundamental norms” of the legal order as contained in the Constitution.?

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