If state action is found illegal, then it is null and void.\u00a0 In some cases the finding of legality may have severe general consequences.\u00a0 The same issue\u00a0arises where\u00a0 laws have been found unconstitutional.\u00a0 They must have necessity to be unconstitutional either from the appointed time they were enacted or if they are predated, constitution from the constitution coming into force.<\/p>\n
In most cases of illegality and invalidity, the underlying legislation is not affected.\u00a0 The invalidity extends only to the manner of exercise of a power\u00a0or the procedures used therein.<\/p>\n
In some cases the illegality involves a\u00a0 practice circular or even statutory rules being inconsistent with the relevant legislation.\u00a0 In this case the practice or rules will be invalidated without affecting the statute.<\/p>\n
The courts have been relatively pragmatic, where for example, sections of the income tax code have been found unconstitutional leading to potential enormous liability to repay tax and where criminal law has been found unconstitutional leading to potential for release of significant number of convicted prisoners.<\/p>\n
The courts have sought to limit the widespread retrospective effect of findings of unconstitutionality and illegality.\u00a0 They have taken the\u00a0view in several cases, that the fact that the issues concerned were not raised,\u00a0 effectively precluded those parties from raising them.<\/p>\n
In the Murphy case concerning income tax, the view was taken that parties who had not already initiated a claim, did not qualify. Similarly, where numerous convictions were affected by the invalidity of the statutory rape law, the Supreme Court refused to order the release of numerous convicted prisoners as the matter had not been raised in their cases.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Administrative law Public authorities are generally conferred with powers and duties in relation to their particular areas of competence.\u00a0 The powers and duties will be usually conferred by the legislation which establishes the body concerned.\u00a0 The legislation will commonly set out the body\u2019s objectives or purpose, with more or less detail of its powers. The […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[130],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5104"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=5104"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5104\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=5104"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=5104"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=5104"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}