European Convention on Human Rights Act 2003

[2] Section 3 requires that, subject to any other provisions of domestic law, 'organs of state' must perform their duties in a manner compatible with the convention.

[4] Section 5 of the Act grants to the courts the power to make a declaration that a statutory provision or common law rule is incompatible with the convention.

[6] Carmody v Minister for Justice [7] was decision of the High Court and the first major case to deal with the new legislation.

[8] He challenged the State's failure to provide him with free legal aid, claiming that it was contrary to both the Constitution of Ireland and the European Convention on Human Rights.

[9] Fiona de Londras & Cliona Kelly (2010) The European Convention on Human Rights Act: Operation, Impact and Analysis Dublin, Round Hall/Thomson Reuters.