In 2019, the Irish Supreme Court decided two cases concerning speech in parliament. The same seven judges sat in each case. The seven agreed in each case: Frank Clarke, the chief justice, wrote a single judgment for the Court each time.
The applicant won in the first case, decided in late February. The Supreme Court granted a declaration of unlawfulness sought by Angela Kerins against a parliamentary committee on foot of that committee’s unfair interrogation of her on matters relating to her leadership of a publicly-funded charity. In ruling as it did, the Supreme Court overturned a Divisional High Court ruling that Kerins’ claims were non-justiciable. The Divisional Court had interpreted the Article 15 provisions in light of the early modern English laws to which they owe their provenance. “For upwards of four centuries,” Kelly P said, “it has been recognised in common law jurisdictions throughout the world that the…
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Utopia, you are standing in it! 
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