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Court of Appeal. Hogan, Mr Justice Gerard (2015) Bederev -v- Ireland & ors. Dublin: Courts Service.

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URL: http://www.courts.ie/Judgments.nsf/0/AD1638C8122F4...

Judement of Mr. Justice Gerard Hogan delivered on the 10th day of March 2015.

1. This is an appeal from the judgment of Gilligan J. in the High Court delivered on the 14th May, 2014, whereby he refused to make an order declaring s. 2(2) of the Misuse of Drugs Act 1977 (“the 1977 Act”) unconstitutional on the ground that it contravened Article 15.2.1 of the Constitution: see Bederev v. Ireland [2014] IEHC 490. As s. 2(2) of the 1977 Act vests the Government with powers to declare certain substances to be “controlled drugs” for the purposes of this legislation, it will be seen that this appeal presents a constitutional issue of far-reaching importance.

2. The appellants originally appealed to the Supreme Court against this decision. This case was subsequently transferred to this Court from the Supreme Court pursuant to Article 64 of the Constitution by direction of the Chief Justice (with the concurrence of all the members of the Supreme Court) on 29th October, 2014, following the establishment of this Court on the previous day.

Pages:28 p.
Publisher:Courts Service
Corporate Creators:Court of Appeal
Place of Publication:Dublin
Subjects:MM-MO Crime and law > Criminal penalty
MM-MO Crime and law > Justice system > Court system
VA Geographic area > Europe > Ireland

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