McGimpsey and McGimpsey v. Ireland, An Taoiseach and Other Members of the Government of Ireland and the Attorney-General

Abstract

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Ireland — Constitution of Ireland — Whether exercise of treaty-making power subject to judicial review — Deference due to political judgments of the Executive — Anglo-Irish Agreement, 1985 — Whether contrary to Constitution of Ireland

Territory — Northern Ireland — Relations with the Republic of Ireland — Anglo-Irish Agreement, 1985 — Creation of Intergovernmental Conference — Recognition of status of Northern Ireland — Right of Government of Republic of Ireland to make representations regarding Northern Ireland — Whether affecting status of Northern Ireland as part of the United Kingdom — Whether precluding Government of Ireland laying claim to territory of Northern Ireland — Whether Agreement contrary to Constitution of Ireland

Treaties — Effect in municipal law — Anglo-Irish Agreement, 1985 — Effect on rights of population of Republic of Ireland — Whether altering rights of population of Northern Ireland — Whether restricting freedom of Government of Ireland — The law of Ireland