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Right of Access to Justice - Coggle Diagram
Right of Access to Justice
legal aid
McGee v Farrell
representation
Toughy v Courtney
distinction between right of access to courts and right to litigate claims
proportionate
fees
Right of access to the courts
free standing right
State (Quinn) v Ryan
extradition process, if arrested in Ireland transferred to UK under british warrant, arrested outside 4 courts then brought directly too UK - court held - unconstituional no opportunity to challenge arrest -
right to access courts
Macauley
act meant needed attorney generals permission before suing minister - unconstitutional -
rights meaningless if not able to litigate
Blehein
in order to sue they need to be acting in bad faith or without reasonable care - court held - restrict access to courts, if needed substantial grounds - permissible
Bula v Tara Mines
need to be able to inspect mines, otherwise impossible to vindicate right to litigate
Limitation period
O'Brien v Keogh
3 year limitation for persona linjury, 6 year if have disability, held - breached right courts - blocks access for children - what if parent is defendant or died in accident -
risk injustice
Tuohy v Courtney
plaintiff buying house, solicitor made mistake, got lease instead of fee simple, claim statute barred, held - right of access to courts infringed but Oireachtas had to balance rights - right of access, protection from unjust claim and stale claims - not for court to impose balance
Shortened time periods to commence judicial review proceedings
Re Art 26 and illegal immigrants trafficking bills
challenge to 14 day limit, held proportionate - power of extension possible
White v Dublin City Council
- challenge 2 month time limit for planning decisions - held - unconstitonal due to strict time limit
Civil legal aid
Magee v Farrell
wanted legal aid,son died in Garda custody - court held - no right to free legal aid
future
reform potentially needed
Personal Digital Telophony v Minister for Public Enterprise
- litigation getting more expensive and complex, may need to consider more going forward, arguable - high cost may be infringing access to court
right of access to courts
A & B v International Protection Appeals Tribunal
applied double -construction rule - can have shortened time periods but should have an exception