Mandatory Orders enforcing Constitutional Rights.

IfUSeekAmy

I'm in the process of preparing a constitutional law paper on whether or not the courts should use mandatory orders to enforce constitutional rights. Obviously the leading case in this area pertaining to Irish Law is that of TD v Minister for Education, the literature on which is expansive and it's been quite straightforward to obtain a grounding in the issue.

However, the search for similar cases at an international level has proven to be far more difficult, there doesn't seem to be a United States or UK equivalent to the case at all. The best I can find is a similar judgment from an altogether bizarre jurisdiction which I'd be hesitant to cite.

If I'm missing something quite overt and anyone could care to point me in the direction of such a similar case from other jurisdictions I'd be very much appreciative.

Thanking you,

Procrastastudy

I'm sure this is of no use to you but I wonder if exploring declarations of incompatibility with the ECHR would yeild any results?

Victor

IfUSeekAmy wrote: »

The best I can find is a similar judgment from an altogether bizarre jurisdiction which I'd be hesitant to cite.

Mention it, but with the qualifier that you think the Irish courts would have difficulty with it because of ....

chunkylover4

http://en.wikipedia.org/wiki/Mandamus#United_States

Avatargh

IfUSeekAmy wrote: »

I'm in the process of preparing a constitutional law paper on whether or not the courts should use mandatory orders to enforce constitutional rights. Obviously the leading case in this area pertaining to Irish Law is that of TD v Minister for Education, the literature on which is expansive and it's been quite straightforward to obtain a grounding in the issue.

However, the search for similar cases at an international level has proven to be far more difficult, there doesn't seem to be a United States or UK equivalent to the case at all. The best I can find is a similar judgment from an altogether bizarre jurisdiction which I'd be hesitant to cite.

If I'm missing something quite overt and anyone could care to point me in the direction of such a similar case from other jurisdictions I'd be very much appreciative.

Thanking you,

Well, most of the literature (in Ireland, that is), would have put you on the path to India and South Africa.

IfUSeekAmy

Avatargh wrote: »

Well, most of the literature (in Ireland, that is), would have put you on the path to India and South Africa.

Had found SA. India has proved oddly useless. Have found a useful case from a Caribbean court though.

Avatargh

IfUSeekAmy wrote: »

Had found SA. India has proved oddly useless. Have found a useful case from a Caribbean court though.

Then you haven't looked into the Indian law enough. Start with Ahmedabad Municipal Corporation v Nawab Khan Gulba Khan & Ors (1997) 11 SCC 121 and work around that and references therein and its progeny.

Anywhere where a SC tells the government that it has a duty to build houses, might be helpful.

Procrastastudy

More useless info from me:

If you're looking for odd jurisdictions have you looked at Ghana - has a similar style of independence from the UK. Constitution, similar style of government to Ireland - kept all the old English institutions &c. common law...

I'm very surprised there isn't a similar case in Canada or Oz - this is the autistic kid and primary education case right?

dermot_sheehan

A google search brings up this interesting comparison of the U.S. and South Africa on socio economic rights
http://academic.udayton.edu/race/06hrights/georegions/africa/safrica03.htm