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The High Court has dismissed proceedings challenging the constitutionality the statutory powers granted to the Minister for Health to make regulations to prevent, limit, minimise or slow the spread of Covid-19, on the grounds that the provision and the regulations it enabled were no longer in effect. The Plaintiff's contention that the case should proceed due to the potential for similar legislation to be reintroduced in the future was rejected, with the court finding no reasonable expectation that the statute would be re-enacted. The court also noted that the constitutionality of the section had already been determined in other proceedings, further undermining the necessity of the current proceedings.
Health Act 1947, Section 31A, mootness, constitutional challenge, Minister for Health, legislative powers, public health, Covid-19 pandemic, regulations, sunset clause, exceptional public importance, judicial economy, advisory opinion, Ring v. Minister for Health, Goold v Collins, Borowski v. Canada, McGrath v DPP, presumption of constitutionality, locus standi, judicial review.
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