Supreme Court pauses Seanad election invalidity declaration

Claire Byrne: ‘I had lived an adult life up to the age of 38 not having had children, so I know what that freedom is like’

Attorney General Rossa Fanning, representing all the respondents, said there should be a deferral until July 2027 because of the time required to bring in the necessary legislation. At a minimum, he said, the deferral should be until July next year with further extensions if required, he said. However, he said, it was clear the court has, in rare cases, a jurisdiction to defer, postpone or suspend a declaration of constitutional invalidity in circumstances where an immediate declaration would “imperil the rule of law and remove the possibility of the invalidity being capable of being remedied”.

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