Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

Each court will make its own decision on the question of compatibility. In any ordinary case, if an issue arises as to the compatibility of any law or rule of law with the convention, both the District Court and the Circuit Court are obliged, as a matter of legal interpretation, to do their best and see a convention-compatible interpretation of any law or rule of law before them. Ordinarily, these decisions may be set aside on appeal one way or the other. There is no question of references upwards or downwards, except perhaps by means of the consultative case stated procedure.

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