Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Constitutional challenge to planning legislation was moot
|
or click here to request site subscription to search and view all judgments |
The High Court has refused an application for leave to seek judicial review, finding the challenge to the constitutionality and compatibility with EU law moot, as the provision could no longer be invoked. The court determined that the proceedings could not affect any right or interest of the applicant, as the specific decision of the Council had 'lapsed' and the provision had been stripped of any force. The court also declined to exercise its discretion to hear the moot case, emphasizing the importance of judicial resources and the avoidance of advisory opinions.
judicial review, mootness, constitutional challenge, EU law compatibility, section 179A, Planning and Development Act, public consultation, locus standi (legal standing), jus tertii (rights of third parties), separation of powers, advisory opinions, High Court discretion, public interest, legal precedent, concrete dispute, administrative act, public participation, sunset clause.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
