Callely v Moylan: Short review

In this case, a divided seven judge Court held, firstly, that the Seperation of Powers determines that the internal disciplinary proceedings of the Oireachtas, while enforcing its own rules and standing orders, is non-justiciable. Fennelly, though, qualified this with a possible exemption where there is a clear disregard for constitutional rights. Secondly, a majority held that where the Oireachtas has not put clear rules and procedures in place an affected member is entitled to apply to the courts for judicial review. And thirdly, a majority held that the Seanad Committee was entitled to conclude that Callely did misrepresent his normal place of residence for the purpose of claiming travel expenses to which he was not entitled—even though the residence in question was compatible with the interpretation of “normal place of residence” under Department of Finance guidelines.

Update: full review now available here.

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