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Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 was an Irish Supreme Court Case wherein the court held that a Garda Superintendent was a persona designata and that a guideline issued the Garda Commissioner that imposed fixed preconditions (in this case, the use of a locked firearms cabinet) to applications for a firearm certificate would result in the superintendent acting Ultra Vires. By ruling that the guideline interfered with the status of a superintendent as a persona designata, the Court provided an important finding in establishing the limits of discretionary powers under the Irish constitution and the legal standing of guidelines issued under the auspices of a national body.

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  • Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 was an Irish Supreme Court Case wherein the court held that a Garda Superintendent was a persona designata and that a guideline issued the Garda Commissioner that imposed fixed preconditions (in this case, the use of a locked firearms cabinet) to applications for a firearm certificate would result in the superintendent acting Ultra Vires. By ruling that the guideline interfered with the status of a superintendent as a persona designata, the Court provided an important finding in establishing the limits of discretionary powers under the Irish constitution and the legal standing of guidelines issued under the auspices of a national body. (en)
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dbp:citations
  • Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 (en)
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dbp:dateDecided
  • 2002-05-01 (xsd:date)
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  • yes (en)
dbp:judges
  • Keane CJ, Murphy J, McGuiness J (en)
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  • Constitution of Ireland Ultra Vires Persona designata Garda Siochana (en)
dbp:name
  • Dunne v Donohoe (en)
dbp:opinions
  • Directive 53/00 regarding possession and security arrangements of firearms, with Ireland, was quashed by Supreme Court as it did not comply with the role of Garda Superintendent as Persona Designata and would cause the Garda Superintendent to act ultra vires. (en)
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  • Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 was an Irish Supreme Court Case wherein the court held that a Garda Superintendent was a persona designata and that a guideline issued the Garda Commissioner that imposed fixed preconditions (in this case, the use of a locked firearms cabinet) to applications for a firearm certificate would result in the superintendent acting Ultra Vires. By ruling that the guideline interfered with the status of a superintendent as a persona designata, the Court provided an important finding in establishing the limits of discretionary powers under the Irish constitution and the legal standing of guidelines issued under the auspices of a national body. (en)
rdfs:label
  • Dunne v Donohoe (en)
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