ABSTRACT

Consequent upon the pronouncement by the European Court of Human Rights of its judgment, the Lawless proceedings finally came to an end, though the case then began a new and potentially perpetual lease of life as an important precedent in the field of international human rights. While an impressive charter of human rights has been expressly enshrined in Irish law, dating from the enactment of the Constitution of the Irish Free State in 1922, and carried over into the Constitution of Ireland in 1937, it was not until many years later that constitutional and human rights in their generality came to be explored, declared, protected and enforced by way of litigation generally. Having caused ripples in the legal profession and in the judiciary, the Lawless case had a corresponding effect on the executive arm of government. In an adversarial context, great credit must be given to the Government for achieving victory in the Lawless case.