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Application to halt presidential election and challenge nomination process refused as non-justiciable
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The High Court struck out an application seeking to declare the process for nominating presidential candidates unconstitutional and to prevent the presidential election from proceeding, holding that such matters are political rather than legal and therefore not justiciable. The plaintiff’s claims—alleging unconstitutional interference by political party instructions and asserting that only he was a valid candidate—were found to be unstateable, as no breach of the legal nomination requirements was demonstrated and the relevant constitutional provisions had been approved via referendum. The court clarified that changes to the presidential nomination process are a matter for the Oireachtas and the people, not for judicial intervention.
presidential election – nomination of candidates – constitutional challenge – justiciability – political directive – party instruction – Article 12.4 of the Constitution – Article 28A of the Constitution – Presidential Elections Act 1993 – judicial review – separation of powers – referendum – democratic process – plaintiff"s locus standi
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