Free Personal Liberty Actions Through the Superior Courts

Free Personal Liberty Actions Through the Superior Courts

On October 11th and 14th, 2024, the Central Office of the High Court, operated by the Courts Service of Ireland, refused to accept an application concerning an infringement of personal liberty under Article 40.4.1° of the Constitution of Ireland. The Courts Service incorrectly asserted that personal liberty could only be deprived in cases of physical detention, thereby conflating the provisions of Article 40.4.1° with those of Article 40.4.2°. This misinterpretation narrowed the scope of the constitutional protection, bypassing the foundational principle under Article 40.4.1°, which safeguards personal liberty at the point of any deprivation.

During this period, the Central Office also closed its doors to the public, effectively obstructing access to justice—a fundamental right under the Constitution. This matter was ultimately brought before The Hon. Mr. Justice Brian Cregan on October 14th, 2024. The court clarified and affirmed that actions taken under Article 40.4.1° do not attract stamp duty. Rule 5 of the S.I. No. 24/2014 - Supreme Court and High Court (Fees) Order 2014 was invoked, which explicitly states:

“No fee shall be payable under this Order in connection with proceedings under Article 40.4 of the Constitution.”

This landmark decision underscores that any citizen in Ireland may commence Superior Court cases—including actions in the High Court, Court of Appeal, and Supreme Court—concerning infringements of personal liberty without the burden of financial barriers such as stamp fees. This judgment reinforces access to justice as a cornerstone of constitutional protections.

Article 40.4 of the Constitution of Ireland: A Comprehensive Safeguard

Article 40.4 protects individuals against the unlawful deprivation of personal liberty, ensuring that every citizen has the right to judicial relief if their liberty is unjustly infringed. It provides a mechanism to challenge unlawful restrictions on autonomy or rights, extending beyond physical detention to broader infringements of personal liberty.

Detailed Interpretation of Article 40.4.1°

Article 40.4.1° specifically establishes that:

“No citizen shall be deprived of his personal liberty save in accordance with law.”

This fundamental provision guarantees that all forms of personal liberty, whether involving physical confinement or broader restrictions on autonomy, are protected under the Constitution.

Key Aspects of Article 40.4.1°:

  1. Broad Definition of Liberty:
    Personal liberty under Article 40.4.1° includes not only freedom from physical detention but also the right to live free from unlawful interference by state employees or legal representatives. This protection covers procedural violations, administrative overreach, and breaches of statutory or constitutional law.

  2. Applicability Beyond Physical Detention:
    The provision is not limited to cases of imprisonment. For example, misconduct by state employees—such as failure to meet statutory deadlines, abuse of power, or falsification of information—constitutes a breach of personal liberty under this article.

  3. Constitutional Compliance:
    All state actions must strictly adhere to constitutional and statutory provisions. Violations, even if procedural or administrative, are subject to judicial scrutiny under Article 40.4.1°.

Sequence of Protections Under Article 40.4:

  • Article 40.4.1° (Foundational Principle):
    Establishes the right to personal liberty and prohibits unlawful infringements, laying the groundwork for subsequent protections.

  • Article 40.4.2° (Detention Context):
    Addresses physical detention as a potential consequence of liberty breaches, providing judicial relief for unlawful imprisonment.

  • Application to Non-Detention Scenarios:
    Even in the absence of physical confinement, violations of autonomy or legal rights—such as procedural infractions by state agents—are actionable under Article 40.4.1°.

Implications for Superior Court Proceedings

The interpretation and application of Article 40.4.1° significantly expand access to justice by ensuring that individuals can challenge unlawful actions by state employees or representatives, even in cases that do not involve physical detention. This constitutional safeguard obligates courts to review claims of liberty infringement and provide remedies, such as:

  • Invalidation of Unlawful Actions:
    Courts can nullify actions taken outside statutory or constitutional compliance.

  • Reinstatement of Legal Rights:
    Remedies may include reversing procedural dismissals or restoring unlawfully compromised legal standings.

Conclusion

The affirmation by The Hon. Mr. Justice Brian Cregan highlights the enduring importance of Article 40.4.1° in safeguarding personal liberty. This decision reiterates that the scope of liberty extends beyond physical confinement, encompassing all forms of autonomy and legal rights. It reinforces that access to justice, free from financial barriers, is a fundamental constitutional guarantee.

By invoking Article 40.4.1°, individuals can ensure that unlawful actions by state employees or legal representatives are held to account, preserving the integrity of the Constitution and the rule of law in Ireland. This ruling empowers citizens to exercise their rights effectively through the Superior Courts, affirming that personal liberty is a foundational pillar of justice.



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