S2 Ep2: Episode 4. Cases That Changed People's Lives - Revisited: "Byrne v Ireland"
Update: 2021-07-06
Description
Episode 4 brings to light the significance of a High Court case, the decision of which was overturned in the Supreme Court in 1971. The name of the case was “Byrne v Ireland”, the outcome of which was that the former “prerogative of immunity from suit” did not exist in Ireland after the enactment of the Constitution of the Irish Free State,1922, and therefore was not vested or continued by Articles 49 and 50 of the Constitution of Ireland, 1937. The “prerogative of immunity from suit” refers to the principle “The king could do no wrong” – meaning that the citizen could not sue the Monarch or the State.
The commentary on this case and its historical context was provided by the late Mr Justice Donal Barrington, S.C. who had actually acted in the case that he chose as being one of relevance to feature in this series. Donal Barrington passed away in 2018 and I extend my condolences to his widow – Eileen and his family.
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