Seanad debates

Thursday, 19 June 2003

European Convention on Human Rights Bill 2001: Committee Stage.

 

If the amendment was accepted, one of the most obvious consequences would be that the provisions of subsections (1) and (2) of section 3 the Bill would apply. Individuals would be allowed to sue the courts in the courts in respect of court decisions. The Minister has made it very clear that he will not go down that road as to do so would open up a wholly unpredictable and chaotic scenario. The doctrine of res judicata, according to which judicial decisions cannot be revisited, would disappear as every action would give rise to a subsequent action. The decision in the case of the first action would be found to breach someone's convention rights allowing them to reopen the issue to sue the court in respect of the court's decision.

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