Crotty v. An Taoiseach

Crotty v. An Taoiseach was a legal action taken in 1987 in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty, historian and economist against the Irish Government. The case directly led to the Tenth Amendment of the Constitution of Ireland and established that significant changes to European Union treaties required an amendment to the Irish constitution (always done by means of a referendum) before they could be ratified by the state.

While the action taken by Crotty was made on a number of grounds, the only grounds on which the appeal was allowed by the Supreme Court were those relating to cooperation in the field of foreign policy. In particular, it was the opinion of the Court that all other aspects of the treaty were consistent with the Constitution, including the expansion of Qualified Majority Voting to new policy areas, and the creation of the European Court of First Instance.

The judgments were divided into two sections. The first consisted of a single judgment of the court which upheld the constitutionality of the European Communities (Amendment) Act, 1986. The constitution requires the court to give only a single judgment on the constitutionality of acts of parliament. The second part consisted of separate judgments on the constitutionality of ratifying the foreign policy provisions of the Single European Act. In this section Justices Walsh, Henchy and Hederman formed the majority of the court and ruled that the SEA could not be ratified by the state without a reference to the people. They argued that the state's power to determine its foreign relations was held in trust from the people and could not be alienated by the government. Chief Justice Finlay and Justice Griffin dissented.

External links

• Raymond Crotty v An Taoiseach and Others [1987] IESC 4 (9 April 1987)

This article about the European Union is a stub. You can help Wikipedia by expanding it.v · Categories: 1987 in Ireland Republic of Ireland case law Irish constitutional law 1987 in case law Ireland law stubs Case law stubs European law stubs European Union stubs Wikimedia Foundation. 2010. Игры ⚽ Нужен реферат? Heliamphora chimantensis East View Secondary School Look at other dictionaries: Crotty — (and variations O’Crotty, Crottee, etc.) are anglicisations of the Irish name O’Crotaigh – ‘Descendant of Crotach’. The name dates from medieval times, to the pre Norman kingdom of Thomond ( North Munster ) where the Dál gCais (in English:… …   Wikipedia Tenth Amendment of the Constitution of Ireland — The Tenth Amendment of the Constitution of Ireland permitted the state to ratify the Single European Act. It was effected by the Tenth Amendment of the Constitution Act, 1987, which was approved by referendum on 26 May 1987 and signed into law on …   Wikipedia Eleventh Amendment of the Constitution of Ireland — The Eleventh Amendment of the Constitution of Ireland permitted the state to ratify the Maastricht Treaty. It was effected by the Eleventh Amendment of the Constitution Act, 1992, which was approved by referendum on 18 June 1992 and signed into… …   Wikipedia Eighteenth Amendment of the Constitution of Ireland — The Eighteenth Amendment of the Constitution of Ireland permitted the state to ratify the Amsterdam Treaty. It was effected by the Eighteenth Amendment of the Constitution Act, 1998, which was approved by referendum on 22 May 1998 and signed into …   Wikipedia Twenty-sixth Amendment of the Constitution of Ireland — The Twenty sixth Amendment of the Constitution of Ireland permitted the state to ratify the Treaty of Nice. It was effected by the Twenty sixth Amendment of the Constitution Act, 2002, which was approved by referendum on 19 October 2002 and… …   Wikipedia Cour Suprême (Irlande) — 53° 20′ 45″ N 6° 16′ 25″ W / 53.34593, 6.27353 …   Wikipédia en Français Treaty of Nice — This article is about the EU treaty of 2001. For the 1892 treaty between Italy and France, see Treaty of Nice (1892). Treaty of Nice Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and… …   Wikipedia Supreme Court of Ireland — The Supreme Court ( ga. Cúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. The Supreme Court is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas… …   Wikipedia Amendments to the Constitution of Ireland — An amendment may be made to any part of the Constitution of Ireland, the founding law of Ireland, but only by referendum. An amendment must first be approved by both Houses of the Oireachtas (parliament), then submitted to a referendum, and… …   Wikipedia Twenty-eighth Amendment of the Constitution of Ireland Bill, 2008 — The Twenty eighth Amendment of the Constitution Bill, 2008 was a bill introduced by the Government of Ireland in 2008 to amend the Constitution of Ireland in order to enable ratification of the Treaty of Lisbon (also known as the Reform Treaty)… …   Wikipedia 18+ © Academic, 2000-2024 Contact us: Technical Support, Advertising Dictionaries export, created on PHP, Joomla, Drupal, WordPress, MODx. Mark and share Search through all dictionaries Translate… Search Internet Share the article and excerpts Direct link … Do a right-click on the link above and select “Copy Link”