- May 26, 2018
This is the subject of the Gemma O'Doherty and John Waters Judicial Review action. The preliminary case has gone to the Court of Appeal and will be heard in January. The central question is whether or not the restrictions imposed were proportionate to the threat posed by Covid19 back in March and subsequent. Any encroachment on fundamental constitutional rights must be proportionate. They cannot be suspended "in the common good" without justification. The only emergency provision in the Constitution is that of wartime and interestingly the State is saying in its response to the current action that it is not seeking to avail of emergency powers. This is despite the Covid legislation having "emergency" written all over it. FFG fraudsters.I don't think there's a get out clause but the government are giving themselves one. If you were to say what situation might allow for the suspension of constitutional rights (natural rights acknowledged by the Constitution) for eight months so far, it would hardly be a virus for which (dubious) tests show a less than 5% positivity rate and from which 99% of people recover.