| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| January 24. 2022 | 2022] IESC 1. | Supreme Court of Ireland | Right to education | The Supreme Court of Ireland considered, that the exclusion of any student from calculating grade system ordered during the public health emergency amounts to a violation of right to education. | The Supreme Court of Ireland heard the petitions of two students who were excluded from calculated grade system which replaced examination as a precondition of promoting to the third level of Irish education. The calculated grade system meant, that the teacher of the student, an other teacher and the principal of the school evaluated the work of the student and his/her promotion was determined by these grades optained instead of completing an in person examination. If the teacher of any student was his/her mother, other colleagues should have been involved in the process as substitutes, however, in case of one of the excluded pupils, such substitution could not be provided. As regard the other claimant, he was excluded due to the fact, that his private tutors were not accredited as teachers, therefore, this student was ineligible to take part in the calculated grade system. As a consequence his promotion to the third level of the Irish education was not possible. The Supreme Court held, that these governmental measures meant disproportionate limitations on claimant's right to education: no student should be prevented from education based on his/her engagement to home schooling even during the Covid-19 pandemic. | https://www.courts.ie/view/judgments/2a872b8c-050a-4c63-a475-bf2d4d6a96d2/2d4f130e-857b-4704-8c88-179cb5ad1efc/2022_IESC_1_O'Donnell%20C.J..pdf/pdf | https://www.covid19litigation.org/case-index/ireland-supreme-court-ireland-2022-iesc-1-2022-01-24 | https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/minister-loses-appeal-over-calculated-grades-for-home-schooled-students-1.4784375 | |
| July 5. 2022. | O’Doherty and Anor. v. The Minister for Health and Ors. [2022] IESC 32 | Supreme Court of Ireland | Access to justice; declaration of emergency | The Supreme Court of Ireland held, that no expert evidence would be required as a mandatory precondition of challenging the proportionality of a legislation, however, strong reasons of concern should be demonstrated by the appellants to be granted leave for constitutional review before the Supreme Court. | The Supreme Court of Ireland heard a petition against the restrictions ordered by the Irish Government from the beginning of the public health emergency. The claimants held, that the lockdown is resulted by an international conspiracy, no really compelling public health justifications exist in its background. The lower courts rejected the challenges as manifestly ill-founded, as these complaints lacked real arguability without providing any scientific evidence to underline the doubt of the Covid-related restrictions. The Supreme Court granted leave for the petitioners only in the respect to assess, whether the proportionality of a legislation could be impugned without submitting expert evidences to support the views of the contestants. The Supreme Court held, that by general terms, expert evidences should not be required as a mandatory prerequisite of constitutional review requests, however, in case of challenging the assessment of competing rights and interests by the legislator, strong reasons for concern should be demonstrated. Since the present submission lacked to identify such arguments, it should be rejected as unfounded. | https://www.courts.ie/acc/alfresco/e9435674-7c69-44a7-b329-02ed627cb28c/2022_IESC_32_(O'Donnell%20CJ.).pdf/pdf#view=fitH | https://www.irishlegal.com/articles/supreme-court-expert-evidence-not-generally-necessary-in-judicial-review-challenges-to-proportionality-of-legislation;
https://www.irishexaminer.com/news/courtandcrime/arid-40910948.html |
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