The constitutional challenge to the restrictions on public worship should proceed despite the most onerous measures having already been lifted.
That’s according to a prominent expert in Constitutional law at Trinity College Dublin.
On Tuesday, Judge Charles Meenan said he saw no point in hearing the case, but he agreed to consider submissions on whether he should rule it moot or not and gave the parties until Jun 22nd to return to court.
Weighing in on the matter, Professor David Kenny said the case should proceed for numerous reasons: “1. the State agreed it wouldn’t raise mootness; 2. there is no guarantee these restrictions won’t be reintroduced; 3. using mootness like this would make almost any COVID regs impossible to challenge… on constitutional grounds as you couldn’t possibly get a full hearing in time; and 4. the fact that the issue is now moot doesn’t at all impact on the court’s ability to judge it’s constitutionality or proportionality. This case should go ahead”.
