Why did Kerins win and O'Brien lose?

Francesca Comyn looks at the Supreme Court's decisions in two cases which raised important questions about the separation of powers, Dáil privilege and the rights of citizens

6th March, 2019
Issues in two Supreme Court appeals overlapped. Pic. Maura Hickey

The two appeals were heard in tandem because of material overlap in the issues to be determined. Both raised important questions about the separation of powers, Dáil privilege and the rights of citizens, which the court has repeatedly noted, “do not disappear at the gates of Leinster House”.

There, the path split in two. So why did Kerins win and O'Brien lose?

Essentially O'Brien's case fell four square within the broad...

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