Power of courts to scrutinise government extended in homeschooling ruling

Judgment seems to reaffirm courts cannot be relied upon to protect socio-economic rights

The court’s main judgment makes clear  courts must apply the same standards to the scrutiny of executive decisions affecting guaranteed rights of individual as to their examination of claims that individual rights have been infringed by actions of the legislative branch of government. File photograph

The court’s main judgment makes clear courts must apply the same standards to the scrutiny of executive decisions affecting guaranteed rights of individual as to their examination of claims that individual rights have been infringed by actions of the legislative branch of government. File photograph

The power of the courts to scrutinise government decisions affecting fundamental rights has been extended by the Supreme Court’s judgment concerning the rights of home-schooled students.

“That could be significant because, as the Covid-19 pandemic has shown, many consequential government decisions are taken by the executive rather than put into law,” according to constitutional law expert David Kenny.

The Irish Times
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