Case No. 21695Constitutional law (voting rights) · Co. Dublin · 31 Mar 2023

UL graduate wins Supreme Court appeal over Seanad voting rights

Tomás Heneghan, a University of Limerick graduate, won a 6-1 Supreme Court appeal claiming he should be entitled to vote in Seanad Éireann elections under the university panels. The court found the 1937 Act limiting the franchise to NUI and TCD graduates was unconstitutional, with the decision suspended until 31 July 2023 to allow the Oireachtas to legislate.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court31 Mar
    2 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
13 statements extracted from the articles
  • whatA large majority voted to extend voting rights for university seats to graduates of all third level institutions in a 1979 referendum. (irishtimes.com)
  • courtThe Supreme Court allowed the appeal by six to one. (irishtimes.com)
  • courtA three-judge divisional High Court found in November 2021 that Heneghan had not established an entitlement to vote. (irishtimes.com)
  • courtThe relevant sections of the Seanad Electoral (University Members) Act, 1937, were found invalid. (irishtimes.com)
  • courtMr Justice Brian Murray gave the main judgment, Mr Justice Gerard Hogan gave a concurring judgment, and Mr Justice Peter Charleton dissented. (irishtimes.com)
  • courtThe Supreme Court found the legislation governing Seanad university panel elections is unconstitutional. (rte.ie)
  • courtThe Supreme Court suspended its declaration of unconstitutionality until 31 July. (rte.ie)
  • courtMr Justice Brian Murray said a failure to suspend the declaration would threaten the stability of the democratic system. (rte.ie)
  • courtThe declaration of invalidity should be prospective only, with no effect on elections since 1979. (rte.ie)
  • otherArticle 18.4.2 of the Constitution was brought in after a referendum in 1979. (rte.ie)
  • otherThe court found that legislation to include other institutions was never enacted. (rte.ie)
  • otherThe case was taken by Tomás Heneghan, a graduate of the University of Limerick. (rte.ie)
  • otherHe was represented by the Free Legal Advice Centres. (rte.ie)

The reporting

newest first
  1. 31 Mar2023
    Seanad elections set to change after court ruling

    Supreme Court ruling in Heneghan's case finding Seanad university panel election legislation unconstitutional, with declaration suspended until 31 July 2023.

    victim, Tomás Heneghan, male, irish (judged from name)Tomás Heneghan
  2. 31 Mar2023
    University of Limerick graduate wins Supreme Court appeal over Seanad election voting

    Reports the Supreme Court's 6-1 decision allowing the appeal and the suspension of the ruling until 31 July 2023.

    accused, Tomás Heneghan, male, named, irish (judged from name)Tomás Heneghan