Bederev v Ireland
| Bederev v Ireland | |
|---|---|
| Court | Supreme Court of Ireland |
| Full case name | Bederev v Ireland |
| Decided | 22/06/2016 |
| Citation | [2016] IESC 34; [2016] 3 IR 1, [2016] 2 ILRM 340 |
| Case history | |
| Appealed from | The Court of Appeal |
| Appealed to | The Supreme Court of Ireland |
| Court membership | |
| Judges sitting | Denham CJ, O'Donnell Donal J, McKechnie J, Clarke J, MacMenamin J, Dunne J, Charleton J |
| Case opinions | |
| very brief summary. | |
| Decision by | MacMenamin J |
| Concurrence | Denham CJ, O Donnell J, McKechnie J, Clarke J, MacMenamin J, Dunne J, Charleton J, |
| Dissent | None |
| Keywords | |
| Constitution of Ireland, Separation of Powers | |
Bederev v Ireland, [2016] IESC 34; [2016] 3 IR 1, [2016] 2 ILRM 340 is an Irish Supreme Court case which overturned the Court of Appeal's decision that declared s 2 (2) of the Misuse of Drugs Act 1977 unconstitutional on the grounds that it infringed on the exclusive authority of the Oireachtas to make legislation. The Court held that s 2(2) of the 1977 Act contains sufficient principles to allow the government to expand the list of controlled drugs, and is "not an abrogation of the democratic responsibility of the Oireachtas." This case is significant as it resolved the issues arising from the earlier decision of the Court of Appeal which had attracted international media attention by decriminalising certain Class A drugs, ecstasy for example, for a period of 24 hours until the Oireachtas pushed through emergency legislation.