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R (O'Brien) v Military Governor of North Dublin Union [1924] IR 32

By Oxbridge Law TeamUpdated 04/01/2024 07:14

Judgement for the case R (O'Brien) v Military Governor of North Dublin Union

Table Of Contents

  • The Irish parliament had passed an act that allowed detention without trial for anyone the minister deemed dangerous.

    • However, such a bill (under the constitution) would have required a referendum to be set in place, unless both houses resolved that it was immediately necessary for the preservation of public peace/safety.

    • However the governor-general had made a declaration to that effect.

  • Nevertheless the old Irish CA said that without the relevant declarations the act was invalid unless either the relevant declarations / referendum, was forthcoming. 

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