R (O'Brien) v Military Governor of North Dublin Union [1924] IR 32

The Irish parliament had passed an act that allowed detention without trial for anyone the minister deemed dangerous.

• However, such a bill (under the constitution) would have required a referendum to be set in place, unless both houses resolved that it was immediately necessary for the preservation of public peace/safety.

• However the governor-general had made a declaration to that effect.

Nevertheless the old Irish CA said that without the relevant declarations the act was invalid unless either the relevant declarations / referendum, was forthcoming.