User:16447672David

During July and August 2017 I am editing Wikipedia for a class at Maynooth University. Because the Wikipedia Education does not support classes outside of North America there is no class project page. The course instructor is User:AugusteBlanqui

Lead
The Case of State(Burke) v Lennon [1939] was a landmark case during the beginning and transitional period for the Irish Constitution. It questioned the constitutionality of "internment without trial" in the Irish constitution which had only been established two years beforehand in 1937. It led to the formation of Article 40.4 of the Irish constitution.

During the Prosecution of Redmond Burke

(Burke. v. Lennon [1940] I.R. 136 was a landmark in establishing the power of the judiciary to declare legislation unconstitutional In that case he held that internment without trial was inconsistent with the right "not to be deprived of  personal liberty save in accordance with law.

Result
"In 1939 administartive interment without trial of suspected was held be an unconstitutional because; inter alia, in substance it involved the administration of criminal justice otherwise than by way of prosecution and trial on a criminal charge. As was explained in State (Burke) v Lennon, The authority conferred on the Minister by the Offences Against the State 1939 to intern:

"is an authority not merely to act judicially, but to administer justice and an authority to administer criminal justice and condemn an alleged offender without charge or hearing and without the aid of a jury. But...administration of justice is a peculiarly and distinctly judicial function, which, from its essential nature, does not fall within the executive power and is not properly incidental to the performance of the appropriate functions of the executive; consequently a law endowing a Minister of State, any Minister, with these powers is an invasion of the judicial domain and as such is repugnant to the Constitution."

Captain Michael Lennon
Was the commandent of Arbour Hill Prison had been involved in the State v Lennon [1937]