2026-05-06T19:17:02Z https://verfassungsblog.de/oai/repository/

oai:verfassungsblog.de/10976 2015-04-16T22:18:07Z posts

http://dx.doi.org/10.17176/20170211-171337 https://verfassungsblog.de/irish-supreme-court-overturns-absolute-exclusionary-rule-for-unconstitutionally-obtained-evidence/ Irish Supreme Court Overturns Absolute Exclusionary Rule for Unconstitutionally Obtained Evidence O'Mahony, Conor ger 2015-04-17 electronic resource text/html ddc:342 Verfassungsblog Verfassungsblog--2366-7044 CC BY-NC-ND 4.0 On Wednesday, the Irish Supreme Court ruled by a majority of 4-3 that evidence obtained in criminal cases in breach of constitutional principles need not necessarily be excluded at trial, overturning a 24 year-old precedent on foot of which all such evidence was automatically excluded. The case is notable on a number of levels: it has obvious implications for the conduct of criminal trials, and raises interesting issues around the retrospective application of declarations of unconstitutionality. It also possibly marks the beginning of a more assertive period for the Irish Supreme Court, following two decades of marked restraint.