[E-voting] [cathy_flanagan@labour.ie: E-VOTING BILL IS UNCONSTITUTIONAL]

Colm MacCarthaigh colm at stdlib.net
Thu Mar 25 12:54:07 GMT 2004

On Thu, Mar 25, 2004 at 12:35:34PM +0000, Margaret McGaley wrote:
> The  Bill  gives general discretionary power to the Minister for the
> Environment to  make  regulations dealing with crucial matters, which
> should properly be set out in primary legislation.


> The  most  fundamental  power  is  the power to determine by
> regulations whether e-voting  would  be  used and if so to what
> extent.  The Bill continues to leave this  entirely  in  the hands of
> the Minister without any adequate parliamentary control  ?  see
> section  5(3).   The only test is where "the public interest so
> requires"  which  is  totally  meaningless,  as it is left to the
> Minister's own discretion.

Sounds more like the bill enables unconsititutional acts than is
unconstitutional itself. Ah well, makes for a High Court showdown
in the run-up to an election :/

Anyone got a copy of the proposed act?

Colm MacCárthaigh                        Public Key: colm+pgp at stdlib.net

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