This judgment handed down yesterday is, we think, the 100th declaration of unconstitutionality from the Irish Superior Courts since the enactment of the Irish Constitution in 1937. 1/ https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-unconstitutional-law-governs-procedure-under-which-citizenship-can-be-revoked-1.4380723?mode=amp

As a fun additional fact, we also think that Mr Damache is the first litigant to win two entirely separate constitutional challenges! 2/

Our figure is based on a paper that I wrote with @rachaelawalsh and Judge Gerard Hogan in the Irish Jurist in 2015. Draft available here: https://www.academia.edu/19055664/An_Anthology_of_Declarations_of_Unconstitutionality 3/

Judge Hogan has been keeping track of the declarations since, and (discounting those overturned on appeal or where an appeal is pending) this makes 100. Though declarations like this are only one part of constitutional law, they’re an important one. 4/

Since the article, the courts have issued some landmark declarations: the asylum seeker working ban; the prohibition on prisoners receiving the contributory OAP; mandatory sentencing; the mental health detention review regime; and the fixed charge traffic penalties. 5/

Since the 2020 general election, the courts have weighed in on the composition of the Seanad and its ability to legislate, climate change and rights, the right to travel and Government travel guidelines, and now the constitutionality of the citizenship regime, amongst others. 6/

The point being, I suppose, that Irish constitutional law is and always has been an major and fascinating part of our political and social order. It deserves our attention and consideration. And it’s really fun Okay bye! /ends