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Court of Appeal. Hogan, Mr Justice Gerard (2015) Bederev -v- Ireland & ors. Dublin: Courts Service. 2014 1409.

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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.

Item Type
Publication Type
Drug Type
Substances (not alcohol/tobacco)
Intervention Type
Crime prevention
Identification #
2014 1409
28 p.
Courts Service
Corporate Creators
Court of Appeal
Place of Publication

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