BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Supreme Court of Ireland Decisions
You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> Holland v. Ireland [1998] IESC 20 (29th July, 1998)
URL: http://www.bailii.org/ie/cases/IESC/1998/20.html
Cite as: [1998] IESC 20

[New search] [Printable RTF version] [Help]

Holland v. Ireland [1998] IESC 20 (29th July, 1998)

AN CHÚIRT UACHTARACH
THE SUPREME COURT
O’Flaherty J,
Keane J.,
Lynch J.,
(47/98)

BETWEEN
PATRICK EUGENE HOLLAND
Applicant
.V.

IRELAND, THE ATTORNEY GENERAL,
THE DIRECTOR OF PUBLIC PROSECUTIONS,
DEPARTMENT OF FOREIGN AFFAIRS, MINISTER FOR JUSTICE
Respondents

Judgment (ex-tempore) delivered on the 29th day of July, 1998, by O’Flaherty J .
In this case Mr. Holland applied ex-parte before Mr. Justice Kelly for an
order of mandamus by way of judicial review seeking to compel the executive branch of the Government to introduce legislation so as to make international agreements part of the domestic law of this jurisdiction. On the 26th February, 1998, Mr. Justice Kelly refused the application.

1. It seems that Mr. Holland was convicted of possessing a large quantity of cannabis resin for which he was sentenced to twenty years imprisonment which sentence was reduced to twelve years on appeal.

2. The order that he seeks from this Court is one compelling the Government to adopt certain agreements. These he calls the International

-2-

3. Agreement with the United Nations (he refers to the “optional protocol to 1966 International Covenant on Civil and Political Rights”) and the European Convention on Human Rights. If there is one thing clear beyond any possibility of debate it is that the Court has no power to direct the legislation to introduce any legislation.


4. I would dismiss the appeal.





Ex-temp 347
JO’F - DO’C

© 1998 Irish Supreme Court

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/ie/cases/IESC/1998/20.html