Electoral_(Amendment)_Act_1959

Electoral (Amendment) Act 1959

Electoral (Amendment) Act 1959

Law to revise Dáil constituencies found to be repugnant to the Constitution

The Electoral (Amendment) Act 1959 (No. 33) was a law in Ireland which sought to revise Dáil constituencies.[1] It was found to be repugnant to the Constitution and never came into effect.

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It was challenged by John O'Donovan, a Fine Gael senator and former TD. In O'Donovan v. Attorney-General (1961), the High Court held that the Act was unconstitutional and suggested that the ratio of representation to population across constituencies should differ by no more than 5%. The court, interpreting the "so far as it is practicable" condition of the Constitution, suggested a 5% variation as the limit without exceptional circumstances.[2]

It was formally repealed by the Electoral (Amendment) Act 1961.[3]

See also

References

  1. [1]
    Electoral (Amendment) Act 1959 (No. 33 of 1959). Enacted on 26 November 1959. Act of the Oireachtas. Retrieved from Irish Statute Book on 22 October 2021.
  2. [2]
    "O'Donovan v. Attorney General". Irish Reports: 114. 1961.
  3. [3]
    Electoral (Amendment) Act 1961, s. 9: Repeals (No. 19 of 1961, s. 9). Enacted on 14 July 1961. Act of the Oireachtas. Retrieved from Irish Statute Book on 22 October 2021.


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