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R (O'Brien) v Military Governor of North Dublin Union

[1924] IR 32

Case summary last updated at 06/02/2020 13:04 by the Oxbridge Notes in-house law team.

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

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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