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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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Hope you can help I have an appeal case coming up soon in

Customer Question

Hello . hope you can help
I have an appeal case coming up soon in the circuit court.
Refusal to give a sample.
I was wondering if i send in paperwork to court sayinf something to the effect that this is a breach of my constitional rights. (Article 45. 2.i) right to adequate means of livehood. Will it have to be sent to another court?
Thanks in advance
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 6 months ago.
1. Dear *****nacha, I regret to say that if you plead Constitutional rights, such as a breach of your right to adequate means of livelihood, this will not mean that the case will be sent to a different court. The case, upon appeal in the circuit Court is a full rehearing of the case. All arguments will once again be presented. This will include any Constitutional rights arguments. However, if you want the case sent to a different court, such as the High Court, you need to issue judicial review proceedings of the decision, either in the District Court or in the Circuit Court. An application for judicial review would normally be a judicial review of the decision of the District Judge and would be taken in the High Court. Such cases, are the cases you read about in the daily newspapers, such as the Irish Times or Irish Independent.
Expert:  Buachaill replied 6 months ago.
2. Be aware that a judicial review is not a rehearing of the case. It is merely a decision on the legality of the decision made by the District Court judge. However, it does have the merit of taking the case out of the court it was in. Tactically, this is often a very good idea because what happens is the District Court clerk forgets about the case and the decision is never implemented, even if it has been an adverse decision for the person who is accused.
Expert:  Buachaill replied 6 months ago.
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