fallibilist

"I may be wrong and you may be right, and by an effort, we may get nearer to the truth." (Karl Popper)

Friday, May 04, 2007

Murphy and McGrath v Minister for the Environment

Independent TD's Catherine Murphy and Finian McGrath have brought a High Court action challenging the constituency boundaries to be used in the May 24th general election. The applicants' argue that "an analysis of Census figures released last month shows a number of constituencies where people will be under represented and others where they will be over represented." They say that "11 out of 43 constituencies are in clear breach of Article 16 of the Constitution." As the Irish Times reported yesterday, Donal O'Donnell SC said both TDs "accepted the validity of the general election that had been called and the timing of their action would have no bearing on its validity. The urgency consequently disappeared and there were expert witnesses on either side to be called in the case which would last at least four days." Frank Callanan SC, for the TDs, in reply said that the applicants did not seek to restrain the dissolution of the Dáil or to impugn the legitimacy of the election. In addition, a man living the Dublin West constituency, Feargal Molloy, has attempted to join the constitutional challenge.

Edward McGarr of McGarr solicitors has posted the applicants' legal submissions online. They make interesting reading. The matter has been adjourned and put in for mention on May 8th.

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