Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
Giving the force of law to the convention would amount to an uncertain amendment of existing legislation. Therefore, issues concerning Article 34 of the Constitution, which restrict to the High Court and Supreme Court the question of the validity of any law, would arise in every court. Giving the convention the force of law would require all courts to decide whether existing statutes were valid by reference to the exterior law of the convention. Under the Constitution, legislation enacted since 1937 enjoys a presumption of constitutionality and the District Court and Circuit Court have to act on the assumption that the Acts enacted by the Oireachtas are valid, effectual and constitutional. A vast amount of the legal business of the State is transacted in the District Court and Circuit Court and they must operate on the assumption that the Acts are valid. Were we to introduce a provision of this type and make it directly part of the law of the State, these courts would then have jurisdiction to invalidate Acts of the Oireachtas on the basis of an exterior law based on the convention.
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