“obscurum per obscurius”

The Law is my Oyster

(“the obscure by the more obscure”)


If “bullshit” was a proper legal concept, it would have been used liberally in the latest Supreme Court judgment, and one can only imagine that the actual word was used in discussions between the learned judges before Chief Justice Clarke delivered the unanimous judgment.

The judgment was Friends of the Irish Environment v. Government of Ireland [2020]IESC 49, and the item under consideration was that bureaucratic befuddlement known as the “National Mitigation Plan” (NMP), which contains the even more obtuse “Climate Action Plan”.

The Separation of Powers

Let’s get one technicality out of the way. The NMP is clearly a policy document, and the Separation of Powers doctrine says that the courts are prohibited from interfering with, or overruling, executive policy. Indeed, this was one of the reasons that the appellant, FIE, lost in the High Court.

The Supreme Court made short…

View original post 1,563 more words

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