Where there is a right, there is a remedy. This is a basic principle of Irish constitutional law, enshrined in Article 40 of the Constitution. It is unacceptable to place the courts in a position where they can identify a breach of human rights and yet not be in a position to offer an effective remedy. The procedure set out in section 5 is, therefore, one of constitutional validity. Moreover, it is difficult to understand how one can purport to incorporate Article 13 of the European Convention on Human Rights, which requires the provision of an effective remedy at national level, into domestic law, while withholding a domestic judicial remedy for a breach of the convention. Strasbourg case law establishes the principle that a discretionary remedy is no remedy.