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Cite as: [1998] IESC 33

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MacGairbhith v. A.G. [1998] IESC 33 (30th October, 1998)

AN CHÚIRT UACHTARACH

THE SUPREME COURT

O’Flaherty J.,

Murphy J,

Lynch J .,

(173/98)

BETWEEN:

PADRAIG MAC GAIRBHLTH

Applicant

.V.

ATTORNEY GENERAL

Respondent

Judgment (ex-tempore) of the Court delivered on the 30th day of October, 1998, by O’Flaherty J .

1. The judgment that I come to deliver is the judgment of the Court. Mr. MacGairbhith purports to move the Court by way of appeal from the Order of Mr. Justice Geoghegan of the 24th April, 1998, whereby he refused to entertain an application for judicial review of decisions of this Court given in appeals numbered 182/91, 338/91, 330/93 and 196/96. In his report the learned High Court judge said:

“I refuse the application as quite obviously judicial review does not lie in respect of Supreme Court orders.”

2. In this the learned High Court judge was manifestly correct. Article

3 4.4.6 of the Constitution provides:

2

“The decision of the Supreme Court shall in all cases be final and conclusive.”

3. This appeal is totally unstateable. Once the Court gave its decisions on the 4th November, 1997, that was the end of these cases and no form of litigation could possibly be entertained, and can never in the future be entertained, in relation to them.

4. Accordingly, these appeals are dismissed.