Voting

Question 1

Have Irish courts generally been proactive in extending the right to vote? Or have they mostly refrained from doing so? List two cases to support your argument.

Answer 1

The Courts have generally avoided trying to extend the opportunity or the right to vote.

Cases to this point: Breathnach (prisoner voting case), Draper (Lady with MS – voting from home case)

Question 2

What case is an example of Irish Courts been reluctant to add fairness to the voting process?

Answer 2

Reilly v Minister for Environment, which alleged having candidate names listed in alphabetical order on the ballot was unfair.

Question 3

What are some instances in which the Court did extend voting or election-related rights which did not have much impact?

Answer 3

deposit necessary for running for an office (Redmond), Dail Eirann nomination (King and Cooney)

Question 4

Quinn v Waterford Corp

Answer 4

third-level students living away from home during term can choose where they register to vote (but can’t vote in both constituencies)

Question 5

Kelly v Minister for the Environment

Answer 5

Ds and Senators standing for the Dáil may not be treated more favourably, as regards limits on election expenses, than non-incumbent candidates

Question 6

O’Doherty v Government of Ireland

Answer 6

bye-elections may not be delayed indefinitely, for political reasons

Question 7

third-level students living away from home during term can choose where they register to vote (but can’t vote in both constituencies)

Answer 7

Quinn v Waterford Corp

Question 8

Ds and Senators standing for the Dáil may not be treated more favourably, as regards limits on election expenses, than non-incumbent candidates

Answer 8

Kelly v Minister for the Environment

Question 9

bye-elections may not be delayed indefinitely, for political reasons

Answer 9

O’Doherty v Government of Ireland