https://isel.ie/wp-content/uploads/2019/05/logo.png 0 0 mveale https://isel.ie/wp-content/uploads/2019/05/logo.png mveale2018-12-31 10:53:222019-07-17 11:22:20The Scope and Utility of the Damages Remedy Under Section 3 of the ECHR Act 2003
The Scope and Utility of the Damages Remedy Under Section 3 of the ECHR Act 2003
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This article examines the scope and utility of section 3 of the ECHR Act 2003 in Irish public law, from the policy considerations underlying incorporation to judicial engagement by the courts. Analysing the statutory construction of the provision, I find that its scope is significantly restricted, particularly in view of superior remedies available pursuant to the Irish Constitution. While the section showed early potential as a supplementary remedy where a gap was found in pre-existing law, subsequent decisions have inclined to curtail the utility of section 3.