Crotty v. An Taoiseach
Encyclopedia
Crotty v. An Taoiseach was a legal action taken in 1987
in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty
, historian and economist against the Irish Government. The case directly led to the Tenth Amendment of the Constitution of Ireland
and established that significant changes to European Union treaties
required an amendment to the Irish constitution
(always done by means of a referendum) before they could be ratified by the state.
While the action taken by Crotty was made on a number of grounds, the only grounds on which the appeal was allowed by the Supreme Court were those relating to cooperation in the field of foreign policy. In particular, it was the opinion of the Court that all other aspects of the treaty were consistent with the Constitution, including the expansion of Qualified Majority Voting to new policy areas, and the creation of the European Court of First Instance.
The judgments were divided into two sections. The first consisted of a single judgment of the court which upheld the constitutionality of the European Communities (Amendment) Act, 1986. The constitution requires the court to give only a single judgment on the constitutionality of acts of parliament. The second part consisted of separate judgments on the constitutionality of ratifying the foreign policy provisions of the Single European Act
. In this section Justices Walsh
, Henchy and Hederman formed the majority of the court and ruled that the SEA could not be ratified by the state without a reference to the people. They argued that the state's power to determine its foreign relations was held in trust from the people and could not be alienated by the government. Chief Justice Finlay
and Justice Griffin dissented.
1987 in Ireland
-Events:*January 20 - Labour ministers resign from the government over a disagreement over budget proposals.*February 19 - A general election returns a Fianna Fáil minority government with Charles Haughey as Taoiseach....
in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty
Raymond Crotty
Raymond Crotty was an Irish economist and campaigner against Irish membership of the European Union. In 1987 he mounted a successful legal challenge in the Irish Supreme Court against the government's attempt to ratify the Single European Act without reference to the people in a referendum.-Life...
, historian and economist against the Irish Government. The case directly led to the Tenth Amendment of the Constitution of Ireland
Tenth Amendment of the Constitution of Ireland
The Tenth Amendment of the Constitution of Ireland permitted the state to ratify the Single European Act. It was effected by the Tenth Amendment of the Constitution Act, 1987, which was approved by referendum on 26 May 1987 and signed into law on the 22 June of the same year...
and established that significant changes to European Union treaties
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
required an amendment to the Irish constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
(always done by means of a referendum) before they could be ratified by the state.
While the action taken by Crotty was made on a number of grounds, the only grounds on which the appeal was allowed by the Supreme Court were those relating to cooperation in the field of foreign policy. In particular, it was the opinion of the Court that all other aspects of the treaty were consistent with the Constitution, including the expansion of Qualified Majority Voting to new policy areas, and the creation of the European Court of First Instance.
The judgments were divided into two sections. The first consisted of a single judgment of the court which upheld the constitutionality of the European Communities (Amendment) Act, 1986. The constitution requires the court to give only a single judgment on the constitutionality of acts of parliament. The second part consisted of separate judgments on the constitutionality of ratifying the foreign policy provisions of the Single European Act
Single European Act
The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
. In this section Justices Walsh
Brian Walsh (judge)
Brian Walsh was an Irish supreme court and European Court of Human Rights justice and barrister.Described as the "outstanding legal reforming mind of his generation" by Prof...
, Henchy and Hederman formed the majority of the court and ruled that the SEA could not be ratified by the state without a reference to the people. They argued that the state's power to determine its foreign relations was held in trust from the people and could not be alienated by the government. Chief Justice Finlay
Thomas Finlay (judge)
Thomas Aloysius Finlay is a former Irish Fine Gael politician and Chief Justice of the Supreme Court. He is the second son of Thomas Finlay, a politician and senior counsel whose career was cut short by his early death in 1932. He was educated at Clongowes Wood College, University College Dublin...
and Justice Griffin dissented.