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You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> Holland v. Ireland [1998] IESC 20 (29th July, 1998)
URL: http://www.bailii.org/ie/cases/IESC/1998/20.html
Cite as: [1998] IESC 20
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Holland v. Ireland [1998] IESC 20 (29th July, 1998)
AN
CHÚIRT UACHTARACH
THE
SUPREME COURT
O’Flaherty
J,
Keane
J.,
Lynch
J.,
(47/98)
BETWEEN
PATRICK
EUGENE HOLLAND
Applicant
.V.
IRELAND,
THE ATTORNEY GENERAL,
THE
DIRECTOR OF PUBLIC PROSECUTIONS,
DEPARTMENT
OF FOREIGN AFFAIRS, MINISTER FOR JUSTICE
Respondents
Judgment
(ex-tempore) delivered on the 29th day of
July,
1998, by O’Flaherty J
.
In
this case Mr. Holland applied
ex-parte
before
Mr. Justice Kelly for an
order
of mandamus by way of judicial review seeking to compel the executive branch of
the Government to introduce legislation so as to make international agreements
part of the domestic law of this jurisdiction. On the 26th February, 1998, Mr.
Justice Kelly refused the application.
1. It
seems that Mr. Holland was convicted of possessing a large quantity of cannabis
resin for which he was sentenced to twenty years imprisonment which sentence
was reduced to twelve years on appeal.
2. The
order that he seeks from this Court is one compelling the Government to adopt
certain agreements. These he calls the International
-2-
3. Agreement
with the United Nations (he refers to the “optional protocol to 1966
International Covenant on Civil and Political Rights”) and the European
Convention on Human Rights. If there is one thing clear beyond any possibility
of debate it is that the Court has no power to direct the legislation to
introduce any legislation.
Ex-temp
347
JO’F
- DO’C
© 1998 Irish Supreme Court