Anthony Kennelly (University of Limerick) has posted The Rule of Law Legacy of Sinn Féin Funds on SSRN. Here is the abstract:
The High Court and Supreme Court decisions in Buckley v Attorney General (commonly known as ‘the Sinn Féin Funds case’), though celebrated ever since, are significant for an overlooked reason. Although the decision is celebrated for asserting the importance of the separation of powers, this article takes a broader view, arguing that in the early decades of the State’s history, a practice here described as ‘jurisdiction stripping’ presented a serious challenge to the rule of law. The article contends that, in defending the separation of powers, the High Court and Supreme Court decisions in Buckley v Attorney General overcame this challenge to the rule of law and deserve praise for this overlooked success.
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