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Hunter v McKinley

Irish Reports (Digests) Irish Reports Cited authorities 8 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date11 May 1923
Docket Number(1923. No. 547.)
Date11 May 1923
CourtCourt of Appeal (Northern Ireland)
C. A. (N. I.),
Hunter
and
M'Kinley

Right of member of the Royal Ulster Constabulary to vote at an election for members of Parliament of the United Kingdom - Constabulary (Ireland) Act, 1836 (6 7 Wm. IV., c. 13, s. 18 - Parliamentary and Municipal Elections Act, 1872 (35 36 Vict., c. 33), s. 7 - Constabulary (Ireland) Act, 1922 (12 13 Geo. V., c. 55) - Constabulary Act (Northern Ireland), 1922 (12 13 Geo. V. (N. I.), c. 8), s. 1 (3) - Invalidity - Government of Ireland Act, 1920 (10 11 Geo. V., c. 67), ss. 14, 15.

The Constabulary (Ireland) Act, 1836 (6 & 7 Wm. IV., c. 13), s. 18, which enacted that any member of the Royal Irish Constabulary is liable to a penalty of £100 it he votes at an election for a member of Parliament whilst he remains a member of the Royal Irish Constabulary, or within six months after he retires from that force, does not apply to members of the newly formed Royal Ulster Constabulary:—Held by the Court of Appeal (affirming Wilson, J.), that s. 1 (3) of 12 & 13 Geo. V. (N.I.), c. 8, is ultra vires and void so far as it purports to apply s. 18 of 6 & 7 Wm. IV...

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