![cover image](https://wikiwandv2-19431.kxcdn.com/_next/image?url=https://upload.wikimedia.org/wikipedia/commons/thumb/f/fe/Coat_of_arms_of_Ireland.svg/640px-Coat_of_arms_of_Ireland.svg.png&w=640&q=50)
State (Burke) v Lennon
Irish Supreme Court case / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about State (Burke) v Lennon?
Summarize this article for a 10 year old
State (Burke) v Lennon [1940] I.R. 136 was a landmark case during a transitional time for the Constitution of Ireland. The case took place from 28 November 1939 to 9 February 1940 and examined an "internment without trial" under the Offences Against the State Act 1939 in the context of habeas corpus, governed by Article 40.4 of the Irish Constitution.[1] It was a landmark decision in establishing the power of the judiciary to declare legislation unconstitutional.[2] In the High Court, judge George Gavan Duffy held the decision that internment without trial when ordered by a minister was inconsistent with the right "not to be deprived of personal liberty save in accordance with the law" of article 40.4[3][4] On appeal by the government, the Supreme Court of Ireland upheld Duffy's decision.
State (Burke) v. Lennon | |
---|---|
![]() | |
Court | Supreme Court of Ireland |
Full case name | State (Burke) v. Lennon and the Attorney General |
Decided | 1940 |
Citation | [1940] I.R. 136 |
Case history | |
Appealed from | High Court |
Court membership | |
Judges sitting | Sullivan C.J., Murnaghan, Meredith, Geoghegan, and Johnston JJ |
Keywords | |
|