Electoral (Amendment) Act 1959

Electoral (Amendment) Act 1959
Oireachtas
  • AN ACT TO FIX THE NUMBER OF MEMBERS OF DÁIL ÉIREANN AND TO REVISE THEIR CONSTITUENCIES AND TO AMEND THE LAW RELATING TO THE ELECTION OF SUCH MEMBERS.
CitationNo. 33 of 1959
Signed26 November 1959
Commenced26 November 1959 (in part)
Repealed14 July 1961
Legislative history
Bill citationNo. 34 of 1959
Introduced byMinister for Local Government (Neil Blaney)
Introduced22 July 1959
Repealed by
Electoral (Amendment) Act 1961
Status: Struck down

The Electoral (Amendment) Act 1959 (No. 33) was a law in Ireland which sought to revise Dáil constituencies.[1] It was found to be repugnant to the Constitution and never came into effect.

It was challenged by John O'Donovan, a Fine Gael senator and former TD. In O'Donovan v. Attorney-General (1961), the High Court held that the Act was unconstitutional and suggested that the ratio of representation to population across constituencies should differ by no more than 5%. The court, interpreting the "so far as it is practicable" condition of the Constitution, suggested a 5% variation as the limit without exceptional circumstances.[2]

It was formally repealed by the Electoral (Amendment) Act 1961.[3]

  1. ^ Electoral (Amendment) Act 1959 (No. 33 of 1959). Enacted on 26 November 1959. Act of the Oireachtas. Retrieved from Irish Statute Book on 22 October 2021.
  2. ^ "O'Donovan v. Attorney General". Irish Reports: 114. 1961.
  3. ^ Electoral (Amendment) Act 1961, s. 9: Repeals (No. 19 of 1961, s. 9). Enacted on 14 July 1961. Act of the Oireachtas. Retrieved from Irish Statute Book on 22 October 2021.