Callelly judgment: High Court finds constitutional justice infringed by Seanad inquiry

Unsurprisingly, administrative law rarely appears on the ‘Human Rights in Ireland’ page.¬† Yet there is a proud and robust tradition in Irish administrative law of procedural fairness¬† imposed outside the criminal law context,¬† particularly in the context of the Tribunals of Inquiry (this, indeed, with its attendant rights to legal representation, being but one of the reasons for their impressive and controversial cost). Given the lofty philosophical pedigree of natural justice (aka procedural fairness) in the common law tradition – and its elevation to the bolstered status of “constitutional justice” within Article 40.3 of the Bunreacht – it seems appropriate to note here the judgment of the High Court today in Callelly v Moylan. The judicial review taken by Senator Callelly against the findings of a Seanad Committee Inquiry into allegations surrounding his now-notorious expenses claim for a West Cork home represents an interesting development in the law of procedural fairness as it applies to public inquiries. Continue reading “Callelly judgment: High Court finds constitutional justice infringed by Seanad inquiry”

Callelly judgment: High Court finds constitutional justice infringed by Seanad inquiry