Constitutional Law

Bunreacht na hÉireann was enacted in 1937 and is the fundamental legal document that sets out how the State should be governed through a series of Articles. The Constitution establishes the branches of government, it establishes the courts and it also sets out how those institutions should be run. The Constitution also describes the fundamental rights of every Irish citizen.

One of the most important Articles of the Constitution is Article 15.4, which states that the Oireachtas must not enact any law that is repugnant to the Constitution and that any such law is invalid. This means that the Constitution is superior to all other law. If a proposed new law is repugnant to the Constitution, it cannot be enacted without first changing the Constitution by a constitutional referendum.

The Constitution recognises and declares that people living in Ireland have certain fundamental personal rights. These rights are natural human rights and are confirmed and protected by the Constitution

• Equality before the law
• Right to life
• Personal liberty
• Freedom of expression
• Freedom of assembly
• The right to fair procedures
• Bodily integrity
• Trial by jury
• Religious liberty
• The right to privacy
• Freedom to travel
• Inviolability of a citizen’s dwelling
• Property rights
• The rights of the family

At Fahy Bambury we have brought numerous motions before the High Court regarding the violation of our client’s rights ranging from Habeas Corpus application querying the legality of one’s’ detention to State interference suites.