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THE HIGH COURT has dismissed the case taken by United Left Alliance TD Joan Collins who had challenged the constitutionality of the €31 billion promissory note deal supporting Anglo Irish Bank and Educational Building Society.
Collins had claimed that the legislation behind the deal was unconstitutional because it gave the Minister for Finance open ended power to approve the payments without Dáil approval.
The court found however that the the Credit Institutions (Financial Support) Act 2008, “does not invest the Minister with an uncontrolled discretion”.
The three judge court ruled that it did not breach Article 15.2.1 of the constitution which provides that the “sole and exclusive power of making laws for the State is hereby vested in the Oireachtas.”
The 68-page judgement delivered this morning acknowledged the intense political argument over the promissory note deal but said that this is not something for them to consider:
The Court is fully aware that the decisions made at that time were (and still are) hugely controversial. We would emphasise, however, that neither the enormity of these decisions or their consequences nor their controversial character have any direct bearing on the legal and constitutional issues which we are now called upon to consider.
“It is not part of this Court’s function to express any view on and still less to review the political or economic wisdom of the decisions which culminated in the 2008 Act,” they said.
In addressing the right of the Minister for Finance to use funds to in support of the banks, the judges accepted that “while, of course, the Oireachtas did not know precisely the sums which were at stake”, the minister “could only provide such support as was necessary to safeguard the viability of the financial sector and, by extension, the wider economy.”
These restrictions satisfied constitutional requirements they said.
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Who appointed these 3 judges. Political appointees cannot claim to be above the politics of these illegal decisions.
Judges are appointed by the president on recommendation of the executive.
And the executive can override any decision the dail and senate make. so much for democracy.
another decision by the elite that puts the gun closer to us all because if democracy does not work what next.
Of course the courts are going to say that , they are in the politicians pockets.
Go back to bed Ireland nothing to see here.
Why torture yourselves ….people of Ireland you are in hoc to the German banks and for the next 25 years you and your children will pay it back ..o.k pixie heads.
Legoman,
Yes the Judges are now beholden to the Dail.
Remember back to 2 years ago, this Government held a referendum to allow them to lower Judges pay at will. It passed because it was a populist gesture.
Do you remember the arguments on the no side?
Basically that it would erase the separation between the Judges and the Dail. It would give the Gov of the day a. Ace to play if they needed the right judgement.
I’m not saying that this was the case for this judgement, but who’s to say it wasn’t.
We reap what we sow folks. I seem to remember the Vast majority of posters on this site were very much in favour of the populist line the Gov took at the time.
We reap what we sow.
So the minister of finance has an open license to operate as he so wants without reference to the Dail? Wonder if Collins will be able to appeal to a higher court?
Did anybody expect anything else.
There isn’t a straight line in the country.
There you have I folks … The banks run this country .. The politicans are just puppets for banksters and these 3 judges must be too .. White collar crime wins again …
Fair play to Joan for taking this case.
Will she cover the legal costs of this?
Throwing billions down the toilet to bail out the golden circle and politician’s mates bank, no problem but challenge their unlawful reckless behaviour and your worried over legal fees.
Yeh I am considering she had no hope in the first place. Who advised her, Stevie Wonder?
Rotten banana
So much for the will of the people.
Poll after poll shows that the combined vote of pro-adjustment parties have a thumping majority.
In any case, it is not the job of the Courts to deliver the ‘will of the people’.
A crock of shite.
Seriously.
the minister “could only provide such support as was necessary to safeguard the viability of the financial sector….IE: Banks… and to hell with the people!!!
No body is brave enough to bring a revolution to this country its what we need.
I assume she’ll appeal all the way to the ECJ.
Hate to be predictable but who will pay her legal fees?
We the people should as she is the only one fighting on our behalf against an illegal and drunk decision made by our government without consultation of the people!!!
At lease she took the case and took the risk
Golden
I seriously trust that the same lady who decided to use the Courts also understands her responsibilities in this regard and fully discharges her costs as opposed to suggesting that you or I should pay for same. I’m sick and tired of people who believe that the Courts will hear their pathetically unsound pleadings and when they lose they run for he cover of the taxpayer. Isn’t she earning enough to lay for the cause?
“Lay for the cause” ?
Are you thinking of “lay, lady, lay”?!
Richie,
The argument here was not pathetically unsound and I hope to read a Supreme Court judgement on this case in due course.
Pay no attention to rodgers the troll, this poster is a party wannabe hack only posts to insult and cause a topic to turn into a row.
So Richie are you suggesting that if people do not have enough money to fund their court appearances they should be barred from testing constitutional matters? Nice…..
This is what happens when you have criminals making and enforcing the law.
I hope she is paying for this and not the tax payers
My debt slave minions will pay regardless – do try to keep up.
Lets see, Government appoint three nancyboy/girl judges on €200k+ who in turn are are asked to review Government policy and suprise suprise they find all is cool. Promotion assured pass the claret
FG/FF appointed judges by any chance?
they opened the backdoor for themselves, all angles covered
Do the self hatred brigade comment on every thread on here to do with the way things are being done?
If so the fabled revolution they crave will never come to pass. They’re all to busy talking about it to do anything.
The state of some of our TDs. There should be a minimum level of education set for people to participate in the legislature.
At least she tried. And she has succeeded if only in exposing the corrupt judiciary and political establishment in this country.Again. How many more failed tribunals and court cases do we need? We all know the political and judicial system is corrupt and rotten to the core, so there is no excuse for those who continue to Vote for, and insist on maintaining the slothful, idle, greedy, corrupt, gravy train passengers any longer. Exercise your right Not to Vote in the next sham election, or sham referendum. Exercise your right Not to Vote before it is too late, and they put a tag on you and fine you for not supporting them by voting for them.
have your say