[1987]
1 I.R.	713	
Raymond Crotty Plaintiff  v. An Taoiseach and Others,  Defendants
[1986 No. 12036P]
High Court	24th December 1986 
12th February 1987 
18th February 1987 
9th April 1987 
	
Constitution - International relations - Executive power- Government - State sovereignty -Derivation of powers of government- Requirements of the common good - People - Treatybinding upon State - Single European Act - Title III - European Political Cooperation -Foreign policy referrable to common position adopted by High Contracting Parties -Whether sovereignty fettered - Whether executive powers alienated - Government - Ratification- Scheme of constitutional powers - Breach of Constitution - Judicial review - Whetherratification proposed by Government amenable to judicial review - Constitution of Ireland,1937, Articles 1, 5, 6, 28 and 29.Constitution - Statute - Validity - European Communities - Accession - Amendment ofConstitution - Licence - Scope - Treaties establishing European Communities - Objectives -Amendment of Treaties - Whether amendment of Treaties authorised by original licence foraccession - Single European Act - European Communities Act, 1972 (No. 27) - EuropeanCommunities (Amendment) Act, 1986 (No. 37) - Constitution of Ireland, 1937, Article 29,s. 4, sub-s. 3.Constitution - Locus standi - Treaty - Not part of domestic law - Constitutional infringementalleged - Plaintiff suffering no injury - Ratification - Reliefs - Declaration and injunction -Whether plaintiff entitled to challenge treaty ratification in absence of injury - Whetherexceptional circumstances established - Single European Act.Injunction - Interlocutory relief - Breach of Constitution - Presumption - Whether fair questionof law to be tried - Balance of convenience - Treaty - Ratification - Effect - Status quo -Preservation - Whether injunction necessary to preserve constitutional status quo - Exceptionalconsiderations.
 Article 29, s. 4, sub-s. 3 of the Constitution states:—
 "3 The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."
 By treaties made at Luxembourg on the 17th February, 1986, and The Hague on the 28th February, 1986, and known collectively as the Single European Act ("the SEA") the twelve Member States resolved to amend and in general expand the scope of the treaties of and governing the European Communities. Article 33 of the SEA provided:—
 "1. This Act will be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification will be deposited with the Government of the Italian Republic.
 2. This Act will enter into force on the first day of the month following that in which the instrument of ratification is deposited of the last Signatory State to fulfil that formality."
 Title III of the SEA embodied a separate treaty whereby each of the High Contracting

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 Parties agreed to adopt its foreign policy positions to those of the others and refrain from impeding a consensus and joint action within a structured framework known as European Political Cooperation. Title II embodied structural changes to the treaties of and governing the European Communities and, in the case of the European Economic Community, provided for increased use of voting by qualified majority in the European Council; the enumeration of detailed objectives of the European Economic Community; and a new court of first instance inferior to the Court of Justice of the European Communities. By the European Communities (Amendment) Act, 1986, most of the provisions of the SEA, with the exception inter alia of Title III, were inserted into the European Communities Act, 1972, whereby they became part of the domestic law of the State. Section 3, sub-s. 3 of the Act of 1986 provided that the Act should come into operation on such date as the Minister for Foreign Affairs appointed, although the Act itself was enacted on the 23rd December, 1986.
 The plaintiff issued a plenary summons on the 22nd December, 1986 seeking essentially declarations that any purported ratification of the SEA would be void having regard to the provisions of the Constitution and injunctions restraining such ratification. In addition he sought a declaration that the European Communities (Amendment) Bill, 1986 (enacted the following day) would, if enacted, be repugnant to the Constitution and null and void in purporting to enact certain parts of the SEA into domestic law. Upon a hearing for interlocutory injunctions it was contended by the defendants that there was no fair question of law raised for trial on the issues and objected that the plaintiff lacked locus standi for interlocutory relief and that his application amounted to an abuse of the process of the court.
Held by Barrington J., in granting the interlocutory injunctions, that the plaintiff had raised a fair question of law to be tried on the issues for which there were weighty and countervailing considerations justifying a departure from the received rule of practice regardinglocus standi and in addition the plaintiff had standing to the extent that he claimed that the Constitution itself was being amended in the absence of the consultation by referendum with the plaintiff and the electorate specifically provided by the Constitution.
 Campus Oil Ltd. v. Minister for Industry and Energy (No. 2)  [1983] I.R. 88  and  Cahill v.Sutton  [1980] I.R. 269  considered.
 Upon full hearing on the substantive issues, it was
Held by the High Court (Hamilton P., Barrington and Carroll JJ.) in refusing the reliefs sought and discharging the interlocutory injunctions, 1, that those parts of the SEA enacted into domestic law by the European Communities (Amendment) Act, 1986, were within the scope of the constitutional licence for accession to the European Communities granted by the Third Amendment to the Constitution and embodied in Article 29, s. 4, sub-s. 3 thereof.
 2. The plaintiff lacked the required locus standi to challenge the remainder of the SEA, being Title III, as it had not been incorporated into domestic law and he was unable to show any special injury or infringement of his rights.
 Cahill v. Sutton  [1980] I.R. 269  applied.
Per Curiam: That the acts of the Government are entitled to a presumption of Constitutional validity, in the same way as legislation passed by the Oireachtas.
 The plaintiff appealed to the Supreme Court from the judgment and order of the High Court and then obtained in the Supreme Court similar interim and interlocutory injunctions pending the hearing of the appeal.
 On the issue of the constitutionality of the European Communities (Amendment) Act, 1986, it was
Held by the Supreme Court (Finlay C.J., Walsh, Henchy, Griffin and Hederman JJ.), in refusing to declare the Act invalid having regard to the provisions of the Constitution, 1, that the plaintiff had locus standi to challenge the Act in the particular circumstances where its coming into force would affect every citizen notwithstanding the plaintiff's failure to prove the threat of any special injury or prejudice peculiar to him arising from the Act.
 Principles in  Cahill v. Sutton  [1980] I.R. 269  considered.
 2. That so much of the SEA which was to become law by the Act of 1986 was properly within the constitutional licence of Article 29, s. 4, sub-s. 3, which authorised the State's accession to a living, dynamic Community, and the proposed changes to qualified voting in the European Council had already been anticipated in the establishing Treaties after the transitional period; the allegedly new objectives of the SEA brought into Irish law amounted to no more than a more specific enumeration of the objectives of the establishing Treaties; and the proposed new court of first instance did not in any way extend the primacy of the Court of

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 Justice of the European Communities over the Irish courts beyond that already authorised by Article 29, s. 4, sub-s. 3 of the Constitution.
 On the issue of Title III, being the treaty whereby Ireland agreed to adopt its foreign policy positions within the framework of European Political Cooperation, not being part of the domestic law incorporated by the Act of 1986, it was
Held by the Supreme Court (Walsh, Henchy and Hederman JJ.; Finlay C.J. and Griffin J. dissenting), in allowing the appeal and declaring the ratification of Title III unconstitutional, 1, (Finlay C.J. and Griffin J. concurring) that the Constitution vested in the Government the executive power of the State in its external relations, subject to the provisions of the Constitution, and the Government's conduct of foreign policy was beyond the purview of the courts.
 Boland v. An Taoiseach  [1974] I.R. 338  followed.
 2. That where, however, in its conduct of foreign policy the Government purported to alienate any powers of government or fetter the sovereignty of the State, then the Government acted beyond the powers entrusted by the Constitution to it, and the courts, as sole arbiters upon breaches of constitutional restraints, were obliged to restrain the Government from so acting.
 3. That since Title III of the SEA would bind the State to concede part of its sovereignty in its relations with other states and to conduct foreign policy without regard to the requirements of the common good, the ratification proposed by the Government was impermissible in the absence of authorisation by the Constitution.
Per Finlay C.J. and Griffin J., dissenting: Title III did not oblige the State to cede any sovereignty in its foreign policy. The courts would have a right and duty to intervene only where the Government's conduct of foreign relations constituted an actual or threatened invasion of the constitutional rights of the citizen.
 Cases mentioned in this report:—
Finn v. Attorney General  [1983] I.R. 154.
Acciaierie San Michele SpA v. High Authority (Cases 9/65 and 58/65) [1967] E.C.R. 1.
Cahill v. Sutton  [1980] I.R. 269.
O'Brien v. Keogh  [1972] I.R. 144.
Norris v. Attorney General  [1984] I.R. 36.
Boland v. An Taoiseach  [1974] I.R. 338; (1974) 109 I.L.T.R. 13.
Campus Oil v. Minister for Industry and Energy (No. 2)  [1983] I.R. 88; [1984] I.L.R.M. 45.
The State (Gilliland) v. Governor of Mountjoy Prison  [1987] I.R. 201; [1987] I.L.R.M. 278.
Commission v. Council: Re ERTA (Case 22/70)  [1971] E.C.R. 282.
Marbury v. Madison  1 Cr. (5 U.S.) 137 (1803).
The State (Quinn) v. Ryan  [1965] I.R. 70; (1964) 100 I.L.T.R. 105.
The Electoral (Amendment) Bill, 1983  [1984] I.R. 268; [1984] I.L.R.M. 539.
The Emergency Powers Bill, 1976  [1977] I.R. 159; (1976) 111 I.L.T.R. 29.
Byrne v. Ireland  [1972] I.R. 241.
Campus Oil v. Minister for Industry and Energy (No. 1)  [1983] I.R. 82; [1983] I.L.R.M. 258.
In re  Ó Laighléis   [1960] I.R. 93; (1957) 95 I.L.T.R. 92.
Buckley & Others (Sinn Féin) v. Attorney General  [1950] I.R. 67.
King v. Attorney General  [1981] I.R. 233.

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The State (Lynch) v. Cooney  [1982] I.R. 337; [1982] I.L.R.M. 190; [1983] I.L.R.M. 89.
The State (Kerry County Council) v. Minister for Local Government [1933] I.R. 517.
J. Nold KG v. Commission (Case 4/73)  [1974] E.C.R. 491; [1974] 2 C.M.L.R. 338.
Amministrazione delle Finanze dello Stato v. Simmenthal SpA (Case 106/77)  [1978] E.C.R. 629; [1978] 3 C.M.L.R. 263.
Leonesio v. Ministero dell' Agricoltura (Case 93/71)  [1972] E.C.R. 287; [1973] C.M.L.R. 343.
Stauder v. City of Ulm (Case 29/69)  [1969] E.C.R. 419; [1970] C.M.L.R. 112.
Internationale Handelsgesellschaft mbH v. Einfuhr-und Vorratsstelle Getreide (Case 11/70)  [1970] E.C.R. 1125; [1972] C.M.L.R. 255.
Van Gend en Loos v. Nederlandse Belastingadministratie (Case 26/62) [1963] E.C.R. 1; [1963] C.M.L.R. 105.
Italy v. Watson and Belmann (Case 118/75)  [1976] E.C.R. 1185; [1976] 2 C.M.L.R. 552.
Rutili v. Ministre de l'Interieur (Case 36/75)  [1975] E.C.R. 1219; [1976] 1 C.M.L.R. 140.
Belgium v. Royer (Case 48/75)  [1976] E.C.R. 497; [1976] 2 C.M.L.R. 619.
Marckx v. Belgium  (1979) 2 E.H.R.R. 330.
Johnston v. Ireland  (1982) 8 E.H.R.R. 214.
Commission v. Ireland (Case 151/81)  [1982] 4 E.C.R. 3573.
Marshall v. Southampton Health Authority (Case 152/84)  [1986] E.C.R. 723; [1986] 1 C.M.L.R. 688; [1986] Q.B. 401; [1986] 2 W.L.R. 780; [1986] 2 All E.R. 584.
Costa v. E.N.E.L. (Case 6/64)  [1964] E.C.R. 585; [1964] C.M.L.R. 425.
B.R.T. v. SABAM (Case 127A/73)  [1974] E.C.R. 313; [1974] 2 C.M.L.R. 238.
Commission v. United Kingdom: Re Tachographs (Case 128/78)  [1979] E.C.R. 419; [1979] 2 C.M.L.R. 45.
Hauptzollamt Bremerhaven v. Massey-Ferguson GmbH (Case 8/73) [1973] E.C.R. 897.
Reyners v. Belgium (Case 2/74)  [1974] E.C.R. 631; [1974] 2 C.M.L.R. 305.
Ministere Public v. Van Wesemael (Case 110/78)  [1979] E.C.R. 35; [1979] 3 C.M.L.R. 87.
Van Duyn v. Home Office (Case 41/74)  [1974] E.C.R. 1337; [1975] 1 C.M.L.R. 1; [1975] Ch. 358; [1975] 2 W.L.R. 760; [1975] 3 All E.R. 190.

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Reg. v. Henn (Case 34/79)  [1979] E.C.R. 3795; [1980] 1 C.M.L.R. 246; [1981] A.C. 850; [1980] 2 W.L.R. 597; [1980] 2 All E.R. 166.
Conegate Ltd. v. Customs and Excise Commissioners (Case 121/85) [1986] E.C.R. 1007; [1986] 1 C.M.L.R. 739; [1987] Q.B. 254; [1987] 2 W.L.R. 39; [1986] 2 All E.R. 688.
Adoui v. Belgium (Case 115/81)  [1982] E.C.R. 1665; [1982] 3 C.M.L.R. 631.
Walrave and Koch v. AUCI (Case 36/74)  [1974] E.C.R. 1405; [1975] 1 C.M.L.R. 320.
Commission v. Italy: Re Export Tax on Art Treasures (No. 2) (Case 48/71)  [1972] E.C.R. 527; [1972] C.M.L.R. 699.
Rewe-Zentral AG v. Bundesmonopolverwaltung für Branntwein (Cassis de Dijon Case) (Case 120/78)  [1979] E.C.R. 649; [1979] 3 C.M.L.R. 494.
Algera v. Common Assembly (Case 7/56)  [1957-58] E.C.R. 39.
Wilhelm Werhahn Hansamuhle v. Council (Case 63/72)  [1973] E.C.R. 1229.
Commission v. Ireland: Re "Buy Irish" Campaign (Case 249/81)  [1982] E.C.R. 4005; [1983] 2 C.M.L.R. 104.
Commission v. Ireland: Re Sea Fisheries Restrictions Case (Case 61/77) [1978] E.C.R. 417; [1978] 2 C.M.L.R. 466.
Commission v. Italy (Case 91/79)  [1980] E.C.R. 1099.
Thieffry v. Counseil de l'Ordre des Avocats (Case 71/76)  [1977] E.C.R. 765; [1977] 2 C.M.L.R. 373.
GB-Inno-BM NV v. Vereniging van de Kleinhandelaars in Tabak (Case 13/77)  [1977] E.C.R. 2115; [1978] 2 C.M.L.R. 283.
Procureur du Roi v. Dassonville (Case 8/74)  [1974] E.C.R. 837; [1974] 2 C.M.L.R. 436.
Reg. v. Bouchereau (Case 30/77)  [1977] E.C.R. 1999; [1977] 2 C.M.L.R. 800; [1978] Q.B. 732; [1978] 2 W.L.R. 250; [1981] 2 All E.R. 924.
Balkan-Import-Export GmbH v. Hauptzollamt Berlin-Packhof (Case 5/73)  [1973] E.C.R. 1091.
Humblet v. Belgium (Case 6/60)  [1960] E.C.R. 559.
Thomas v. Collins  (1944) 323 U.S. 516.
Paton v. B.P.A.S. Trustees  [1979] Q.B. 276; [1978] 3 W.L.R. 687; [1978] 2 All E.R. 987.
Paton v. United Kingdom  (1980) 3 E.H.R.R. 408.
Reg. v. H.M. Treasury, Ex p. Smedley  [1985] Q.B. 657; [1985] 2 W.L.R. 576; [1985] 1 All E.R. 589.
Bruggemann and Scheuten v. Germany  (1977) 3 E.H.R.R. 244.
Hauer v. Land Rheinland-Pfalz (Case 44/79)  [1979] E.C.R. 3727; [1980] 3 C.M.L.R. 42; (1979) 3 E.H.R.R. 140.

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X. v. Norway  (1961) Ybk. of Eur. Conv. on H.R. 270.
Kjeldsen v. Denmark  (1976) 1 E.H.R.R. 711.
Dudgeon v. United Kingdom  (1981) 4 E.H.R.R. 149.
Hadmor Productions Ltd. v. Hamilton & Others  [1983] 1 A.C. 191; [1982] 2 W.L.R. 322; [1982] 1 All E.R. 1042.
Gouriet v. Union of Post Office Workers  [1978] A.C. 435; [1977] 3 W.L.R. 300; [1977] 3 All E.R. 70.
Church of Scientology of California v. Customs and Excise Commissioners [1980] 3 C.M.L.R. 114; [1981] 1 All E.R. 1035.
Glover v. B.L.N.  [1973] I.R. 388.
Wavin Irish Pipes Ltd. v. Hepworth Iron Co.  (Unreported, High Court, Costello J., 8th May, 1981).

Plenary Summons.
 Raymond Crotty, a citizen of Ireland, issued a plenary summons dated 22nd December, 1986, against the following defendants:— An Taoiseach, An Tánaiste, The Minister for Foreign Affairs, The Minister for Tourism, Fisheries and Forestry, The Minister for Finance, The Minister for Education, The Minister for the Environment, The Minister for Defence and for the Gaeltacht, The Minister for Communications, The Minister for Justice, The Minister for Health, The Minister for Agriculture, The Minister for Industry and Commerce, The Minister for Social Welfare, The Minister for Labour and the Public Service, and also against Ireland and the Attorney General.
 By his general indorsement of claim, the plaintiff sought declarations that the Government would be in breach of the Constitution if it ratified the Single European Act, and injunctions restraining the Government from depositing the instrument of ratification to the Single European Act with the Government of the Italian Republic. The general indorsement of claim further sought declarations that the European Communities (Amendment) Bill, 1986, would, if enacted by the Oireachtas, be repugnant to the provisions of the Constitution and null and void, in purporting to make parts of the Single European Act part of the domestic law of the State, and declarations that ratification of the Single European Act would be in breach of the Constitution in the absence of proper amendment of the Constitution by referendum. The plaintiff then proceeded ex parte on the same day before the High Court (Barrington J.) with affidavits of Raymond Crotty, Brendan O'Connor and Joseph Noonan and obtained an order abridging time for service upon the defendants of a notice of motion claiming interlocutory reliefs, which motion was returnable for the following day, being the 23rd December, 1986. The interlocutory hearing was held at the home of Barrington J. on 23rd and 24th December, 1986.

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 The European Communities (Amendment) Act, 1986 (No. 37) provides as follows:—
 "1. —The European Communities Act, 1972, is hereby amended by the insertion, in the definition of "the treaties governing the European Communities" in section 1 (1) after paragraph (n) (inserted by the European Communities (Amendment) (No. 2) Act, 1985), of the following paragraph:—
 and
 (o) the following provisions of the Single European Act (done at Luxembourg on the 17th day of February, 1986, and at The Hague on the 28th day of February, 1986), namely, Article 3.1; Title II; Articles 31 and 32; and, in so far as they relate to the said Article 3.1, the said Title II and the said Articles 31 and 32, Articles 33 and 34."
 2. —References to the Assembly of the European Communities in any Act passed or statutory instrument made before the commencement of this Act shall be construed as references to the European Parliament.
 3.—(1) This Act may be cited as the European Communities (Amendment) Act, 1986.
 (2) The European Communities Acts, 1972 to 1985, and this Act may be cited together as the European Communities Acts, 1972 to 1986, and shall be construed together as one Act.
 (3) This Act shall come into operation on such date as the Minister for Foreign Affairs appoints by order."
 Title III of the Single European Act provides as follows:—
Provisions on European cooperation in the sphere of foreign policy
Article 30
 European Cooperation in the sphere of foreign policy shall be governed by the following provisions:—
 1. The High Contracting Parties, being members of the European Communities, shall endeavour jointly to formulate and implement a European foreign policy.
 2.(a) The High Contracting Parties undertake to inform and consult each other on any foreign policy matters of general interest so as to ensure that their combined influence is exercised as effectively as possible through coordination, the convergence of their positions and the implementation of joint action.
 (b) Consultations shall take place before the High Contracting Parties decide on their final position.
 (c) In adopting its positions and in its national measures each High Contracting Party shall take full account of the positions of the

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 other partners and shall give due consideration to the desirability of adopting and implementing common European positions.
 In order to increase their capacity for joint action in the foreign policy field, the High Contracting Parties shall ensure that common principles and objectives are gradually developed and defined.
 The determination of common positions shall constitute a point of reference for the policies of the High Contracting Parties.
 (d) The High Contracting Parties shall endeavour to avoid any action or position which impairs their effectiveness as a cohesive force in international relations or within international organizations.
 3.(a) The Ministers for Foreign Affairs and a member of the Commission shall meet at least four times a year within the framework of European Politicial Cooperation. They may also discuss foreign policy matters within the framework of Political Cooperation on the occasion of meetings of the Council of the European Communities.
 (b) The Commission shall be fully associated with the proceedings of Political Cooperation.
 (c) In order to ensure the swift adoption of common positions and the implementation of joint action, the High Contracting Parties shall, as far as possible, refrain from impeding the formation of a consensus and the joint action which this could produce.
 4. The High Contracting Parties shall ensure that the European Parliament is closely associated with European Political Cooperation. To that end the Presidency shall regularly inform the European Parliament of the foreign policy issues which are being examined within the framework of Political Cooperation and shall ensure that the views of the European Parliament are duly taken into consideration.
 5. The external policies of the European Community and the policies agreed in European Political Cooperation must be consistent.
 The Presidency and the Commission, each within its own sphere of competence, shall have special responsibility for ensuring that such consistency is sought and maintained.
 6.(a) The High Contracting Parties consider that closer cooperation on questions of European security would contribute in an essential way to the development of a European identity in external policy matters. They are ready to coordinate their positions more closely on the political and economic aspects of security.
 (b) The High Contracting Parties are determined to maintain the technological and industrial conditions necessary for their security. They shall work to that end both at national level and, where

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 appropriate, within the framework of the competent institutions and bodies.
 (c) Nothing in this Title shall impede closer cooperation in the field of security between certain of the High Contracting Parties within the framework of the Western European Union or the Atlantic Alliance.
 7.(a) In international institutions and at international conferences which they attend, the High Contracting Parties shall endeavour to adopt common positions on the subjects covered by this Title.
 (b) In international institutions and at international conferences in which not all the High Contracting Parties participate, those who do participate shall take full account of positions agreed in European Political Cooperation.
 8. The High Contracting Parties shall organize a political dialogue with third countries and regional groupings whenever they deem it necessary.
 9. The High Contracting Parties and the Commission, through mutual assistance and information, shall intensify cooperation between their representations accredited to third countries and to international organizations.
 10.(a) The Presidency of European Political Cooperation shall be held by the High Contracting Party which holds the Presidency of the Council of the European Communities.
 (b) The Presidency shall be responsible for initiating action and coordinating and representing the positions of the Member States in relations with third countries in respect of European Political Cooperation activities. It shall also be responsible for the management of Political Cooperation and in particular for drawing up the timetable of meetings and for convening and organizing meetings.
 (c) The Political Directors shall meet regularly in the Political Committee in order to give the necessary impetus, maintain the continuity of European Political Cooperation and prepare Ministers' discussions.
 (d) The Political Committee or, if necessary, a ministerial meeting shall convene within forty-eight hours at the request of at least three Member States.
 (e) The European Correspondents' Group shall be responsible, under the direction of the Political Committee, for monitoring the implementation of European Political Cooperation and for studying general organizational problems.
 (f) Working groups shall meet as directed by the Political Committee.

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 (g) A Secretariat based in Brussels shall assist the Presidency in preparing and implementing the activities of European Political Cooperation and in administrative matters. It shall carry out its duties under the authority of the Presidency.
 11. As regards privileges and immunities, the members of the European Political Cooperation Secretariat shall be treated in the same way as members of the diplomatic missions of the High Contracting Parties based in the same place as the Secretariat.
 12. Five years after the entry into force of this Act the High Contracting Parties shall examine whether any revision of Title III is required.
Paul Callan S.C.  (with him Antonia O'Callaghan  and Seamus Ó Tuathail ó tuathail ) for the plaintiff referred to  Finn v. Attorney General ;  Acciaierie San Michele SpA v. High Authority ; and Kelly: The Irish Constitution, Second Edition at pp. 66 and 280, and referred to Articles 15 and 16 of the Vienna Convention on the Law of Treaties;  Cahill v. Sutton ;  O'Brien v.Keogh  and  Norris v. Attorney General .
Eoghan Fitzsimons S.C.  (with him James O'Reilly ) for the defendants referred to  Boland v. An Taoiseach . It has been held that the Government in the performance of its executive functions has the right to do so without its activities being judicially reviewed. When the Government is negotiating on behalf of the State, the courts will not interfere to examine the executive function. Only when the instrument of ratification has ben sealed by the President and then deposited in Rome will Ireland be bound. Until then, there is not before the Court a completed act of state in external policy. In the meantime, the presumption of constitutionality must apply:  Cahill v.Sutton . The plaintiff's interest must be shown and must be adversely affected or in imminent danger of such. He cannot transfer his political opposition from the Oireachtas to the courts. The only constitutional right which appears to be asserted is the right to vote in a referendum, for which the Oireachtas has the right of initiative and the citizen may only vote when that initiative has been exercised.
 Barrington J.: Isn't there an implied right not to have the Constitution amended?
Eoghan Fitzsimons S.C.: Yes, but there is no interest shown by the plaintiff, and it is an abuse of the judicial process. The plaintiff has been

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H.C.	
 forum-shopping. He then referred to the Republic of Ireland Act, 1949. This gives the President the functions to act in connection with external relations upon the advice of the Government. Only the most serious treaties are executed by the head of state. Contrary to what Mr. Callan suggests, the presumption of constitutionality operates in favour of treaties to be executed by the head of state, although the particular point does not appear to have been decided yet. There is no jurisdiction to review the constitutionality of a Bill and no power to interfere with the legislative process, and similarly the courts have no jurisdiction to construe or review the constitutionality of a treaty while it is still in draft form. (See:— The State (Gilliland) v. Governor of Mountjoy Prison .
 Member States of the European Communities are entitled to conclude a treaty amending the treaties establishing the Communities. Article 236 of the Treaty establishing the European Economic Community specifically envisaged the prospect of amendment. The plaintiff could have objected to many other amending treaties, the most recent of which brought about the accession of Spain and Portugal, which treaty of accession had implications identical to those relied upon by the plaintiff in this case, but he failed to do so at the time. Mr. Callan appears to suggest that there can be no amendments at all, because the people of Ireland agreed to one treaty only. If, however, they accept the earlier amendments, then there must be a general right to amend, and the Single European Act is an exercise of that right. I am not suggesting that the right to amend is limitless, but I do suggest that where the treaty amendments do occur, that they are within the scope of the original establishing treaties. He cited  Campus Oil v. Ministry for Industry and Energy (No. 2)  and referred to the balance of convenience. The citizens of Ireland will not be affected if these injunctions are granted. The State, however, will suffer in terms of its international standing in its external relations with its partners. The court should approach the balance of convenience within a much wider context, viz. the European context. The court should have regard to the fact that its decision will affect not only Ireland, but the other Member States of the European Communities as well, of which the total population affected comprises 300 million. The balance of convenience to be considered is not limited to the domestic sphere. The court is entitled to take into account the broader European context. If injunctions sought by the plaintiff were granted, then incalculable damage would be done. All sectors of the Irish economy have supported the Single European Act. The plaintiff should not be permitted to give an undertaking as to damages which would be worthless.
Paul Callan S.C.  in reply: Regarding  Cahill v. Sutton , the plaintiff is a serious citizen and the affidavits before the court have been made by experts in their areas of particular competence. The plaintiff took all steps appropriate

[1987]
1 I.R.	Crotty v. An Taoiseach
	724
H.C.	
 for a concerned citizen. He obtained and examined the explanatory memorandum to the Single European Act and took advice from his legal advisers. He wrote to members of the Oireachtas and awaited the completion of the legislative function. He then waited to see if the President might refer the matter to the Supreme Court under Article 26 of the Constitution. During debates in the Oireachtas reservations had been expressed by senior politicians, including a former Attorney General, on the constitutionality of the proposed European Communities (Amendment) Bill, 1986. (See:— Commissionv. Council: Re. ERTA (Case 22/70) ).
 Barrington J.: Is it not the case that the courts should respect the Oireachtas and assume that the Constitution will not be violated except by inadvertence? There was a serious motion by the Dáil properly considered.
Paul Callan S.C.: I concede the court will bear that in mind. But a Bill goes through 10 stages in the Dáil and Seanad and is scrutinised by the President. That is the presumption of constitutionality. A treaty is in a distinct situation. It only comes before the Dáil when there is a possibility that it involves a charge upon public funds. It does not go to the Seanad or the President. There is no constitutional provision to refer a treaty to the Supreme Court because it was not in the immediate contemplation of the framers of the Constitution that a treaty, such as the Treaty of Rome establishing the European Economic Community, would transfer sovereignty. (He cited  Marbury v. Madison ;  Buckley and Others (Sinn Féin) v.Attorney General  and  Byrne v. Ireland. ) The balance of convenience must be looked at in a realistic way. The motion for the Dáil was not put down until the political holidays on the 23rd September, 1986. The explanatory memorandum was not available to the plaintiff until November, 1986, and this provided him with his first opportunity to consider the matter. On the 2nd December, 1986, the Minister for Foreign Affairs sought leave to introduce the Bill. The second stage of the Bill was reached on the 9th December, and the motion was passed on the 11th December. The speed at which the motion passed must have set some record for changes of such constitutional magnitude. To remove from the plaintiff effective access to the courts would be to give the executive an immunity not contemplated in the Constitution — see  Byrne v. Ireland  [1972] I.R. 241 at p. 281. The plaintiff is entitled to succeed, and if the balance of convenience is material to the granting of an interlocutory injunction, then the balance dictates that matters stand as they are to allow the plaintiff to go to the Supreme Court. The Court should not act in a manner which would have the effect of nullifying the reliefs sought by the plaintiff or ending his rights. That would be against the received interpretation of the Constitution:  The State (Quinn)v. Ryan  [1965] I.R. 70 at p. 122.

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	725
H.C.	

Barrington J.
	24th December 1986 

 First of all I should thank counsel for the assistance which they have given to me in relation to what I have found to be an extremely difficult case. It is an application for an interlocutory injunction and I must endeavour to follow the procedure contemplated in the  Campus Oil v. Minister for Industry & Energy (No. 2)  [1983] I.R. 88 decision in my approach to the matter. It has the complication, which is adverted to obliquely in that case, that the issues raised are constitutional issues in relation to which weight must be given to the presumption of constitutionality. But subject to that, what I have to direct my mind to is whether the plaintiff has raised a fair question of law and it appears to me to be proper, having regard to the remarks of the Chief Justice in the  Campus Oil Case , to attach a greater significance to the term "fair question of law" than would be attached in private litigation because of the existence of the presumption of constitutionality in favour of an Act of Parliament and also a similar kind of presumption in favour of the executive acts of the Government. Nevertheless it appears to be a fair question and it is not a matter on which I should attempt to adjudicate at this stage and I will attempt to refrain from doing so.
 Secondly, I have to consider the balance of convenience as between the parties, and in that context again the case is somewhat unusual in that one is dealing with the balance of convenience as between a private citizen and the government of the state and also one is dealing with the balance of convenience in a context in which the plaintiff is attempting to raise a constitutional issue.
 The nature of the relief sought in the motion before me is quite unusual and as far as I know without precedent and it is a claim for an injunction restraining the defendants who in effect are the Government of Ireland and each of them from depositing with the Government of the Italian Republic any purported instrument of ratification of the Single European Act. Now the Single European Act, despite its name, is an international treaty which because it sought to impose a charge on public funds required to be approved by a resolution of the Dáil and I am informed that the Dáil did in fact pass such a resolution on the 11th December, 1986. The Act was then sent to the President who, I am informed, has now affixed the Seal of Ireland on it in accordance with the advice of the Government.
 The plaintiff seeks, in the action, to attack the provisions of the Single European Act for reasons which I will touch on later and he also seeks to attack as unconstitutional the provisions of the European Communities (Amendment) Act, 1986, which I am informed was signed and promulgated as law by the President today.
 The same plaintiff previously made an abortive application to Carroll J. At that stage he was being advised by a different solicitor and it would appear that that solicitor appeared before Carroll J. He issued a plenary

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	726
H.C.	
 summons and appeared before Carroll J. looking for leave to serve short notice. The short notice he sought was apparently to prevent the Minister proceeding with the Bill in Dáil Éireann  and it would appear that Carroll J. dismissed that application. The application was clearly misconceived because it is quite clear on the authorities that the Oireachtas is free to exercise its legislative powers without interference by the Courts in the course of legislation and, just as the Courts expect independence within their own sphere, likewise, the legislature is entitled to legislate in the manner which it thinks best within its own sphere without interference by the Courts in the course of the legislative process. It appears to me on the same principle that the Government is free to formulate the external policy of the State and that is a matter vested in the Government by the Constitution and authority for those propositions in relation to the independence of the legislature and the executive, subject to the Constitution, within their own spheres is to be found in  Boland v. An Taoiseach  [1974] I.R. 338 and  Finn v. Attorney General  [1983] I.R. 154.
 The plaintiff however — and this is one of the matters which makes this litigation unique in my experience — submits that the substantial process of legislation is now over. The European Communities Bill is now enacted into law and it forms part of the law of the State subject to any question as to its constitutionality. Likewise the substantive part of policy formulation of the Government associated with the adoption of the Single European Act is now over. The Act has been approved by resolution of the Dáil, has been sealed by the President and all that remains is the formal act of depositing the instrument of ratification with the Government of the Italian Republic pursuant to a procedure contemplated by article 33 of the Single European Act itself.
 The background to the present case is to be found in the provisions of the Constitution of Ireland, 1937, which delineate the framework of a sovereign independent state. You have first of all Article 1 which says:—
 "The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions."
 Then you have Article 6 which says that:—
 "All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good."
 You have Article 15 which deals with the law-making or legislative power of the State and Article 15, s. 2, sub-s. 1 says:—
 "The sole and exclusive power of making laws for the State is

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	727
H.C.	
 hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State."
 Then it goes on to deal with subordinate legislatures which are not relevant for the purposes of this particular judgment. Then you have Article 28, s. 2 which vests the executive power of the State in the Government and then you have Article 29, s. 4, sub-s. 1 which says:—
 "The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government."
 And we now know that, since the Republic of Ireland Act, 1948, the President exercises those powers by or on the authority of the Government in cases where the Government advises him.
 Article 29 of the Constitution also deals with international agreements. In sub-s. 1 of s. 5 it provides that "Every international agreement to which the State becomes a party shall be laid before Dáil Éireann"  and in sub-s. 2"The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement have been approved by Dáil Éireann ." And then in s. 6 it provides "No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas."
 And that is the general framework of the institutions of a sovereign, independent, constitutional and democratic state. A particular problem arose in 1972 at the time when Ireland was proposing to joint the European Economic Community and that was whether the Oireachtas had power to make an international agreement part of the domestic law of the State. That was a matter for the Oireachtas only, but it was questioned as to whether the Oireachtas had power to delegate law-making functions administrative, legislative, executive and judicial functions to supranational authorities and for that reason it became necessary to pass the Third Amendment to the Constitution which provides that:—
 "The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."
 And the significance of that second sentence of the Amendment was that the Constitution could not now be invoked to invalidate any measure which the

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	728
H.C.	
 State was directed by the institutions of the EEC to take arising out of the exercise of their powers, nor to invalidate any regulation or any decision of the European Court which had direct effect within this State by virtue of the provisions of the Treaties. And that, therefore, was a very far-reaching amendment to the provisions of the Constitution.
 Now the Single European Act is of course an international treaty and under the provisions of article 33 the Act must be:—
 ". . . ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instrument of ratification will be deposited with the Government of the Italian Republic. This Act will enter into force on the first day of the month following that in which the instrument of ratification is deposited of the last Signatory State to fulfil that formality."
 That provision, as Mr. Callan for the plaintiff has pointed out, concerning the form whereby an international treaty becomes part of international law, on deposit with a particular nominated authority, conforms in general principle with the provisions of article 15 of the Vienna Convention on the Law of Treaties to which this State is not a party but which appears to attempt to codify the general provisions of customary international law. It is therefore an instrument to which international authorities would pay respect and it provides that the consent of a State to be bound by a treaty is expressed by accession when:—
 "(a) the treaty provides that such consent may be expressed by that State by means of accession;
 (b) it is otherwise established that the negotiating States were agreed that such consent may be expressed by that State by means of accession;
 (c) or all the parties have subsequently agreed that such consent may be expressed by that State by means of accession."
 And then article 16 refers to the exchange or deposit of instruments of ratification:—
 "Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon:
 (a) their exchange between the contracting States;
 (b) their deposit with the depositary; or
 (c) their notification to the contracting States or to the depositary, if so agreed."
 But in fact it does not appear to be necessary to fall back on that provision because, as I said, there is a special arrangement for deposit indicated by the Single European Act itself.
 Now, as I indicated, to join the European Communities, it was necessary for this State to have first of all the Third Amendment to the Constitution: secondly, to have a treaty of accession to the Communities,

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	729
H.C.	
 and thirdly, to have the European Communities Act, 1972. That Act contains a definition which may be of some significance for the purposes of these proceedings because it says in the definition section of the Act of 1972 that "the treaties governing the European Communities means" and it then sets them out: the EEC, the Euratom Treaty and all the other treaties governing the Communities.
 To achieve the present proposed change we have now the Single European Act, which is the international treaty, and we have the European Communities (Amendment) Act, 1986, but there is no provision for amending the Constitution because in the view of the Government, apparently, such provision is not necessary. So that, so far as the bringing into force of the proposed changes of the European Communities in the Constitution, so far as this State is concerned, only two administrative procedures remain: one being the deposit of the instrument of ratifiaction with the Government of the Italian Republic, and the other the making of an order under s. 3, sub-s. 3 of the new European Communities (Amendment) Act, 1986, bringing that Act into force. When that is done the phrase in the Act of 1972, "the treaties governing the European Communities", will be expanded to include certain provisions of the Single European Act set out in the new Act so that, in effect, the operative provisions of the Single European Act will become part of the governing treaties of the European Communities.
 Now it appears to me that there is no doubt that the Single European Act does attempt to amend and to supplement the treaties establishing the European Communities and indeed it so says on its face. At the same time it is also clear that the Treaty of Rome itself at article 236 contemplated that the Treaty could be amended and it reads:—
 "The Government of any Member State or the Commission may submit to the Council proposals for the amendment of this Treaty.
 If the Council, after consulting the Assembly and, where appropriate, the Commission, delivers an opinion in favour of calling a conference of representatives of the Governments of the Member States, the conference shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to this Treaty.
 The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements."
 Therefore it appears that while amendments of the Treaty of Rome are contemplated by the Treaty itself, the amendments when they come into effect or when they are debated are the independent acts of the Member States and if accepted by them are an addition to or an amendment of the Treaties. It follows, as I previously indicated, that once the act of ratification

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	730
H.C.	
 of the Single European Act has been deposited with the Government of the Italian Republic and the order made in accordance with the European Communities (Amendment) Act, 1986, bringing that Act into operation, then the Single European Act becomes one of the governing treaties of the European Communities, and thereupon it would appear, under the provisions of the Third Amendment to the Constitution, that no provision of the Constitution "invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."In other words, once all the pieces of the jigsaw puzzle are in place, it would appear to follow that the obligation to observe the provisions of the Single European Act would be one of the obligations of membership of the European Communities and would have validity within the jurisdiction of this country in the domestic law of this country by virtue of the provisions of the Third Amendment to the Constitution.
 One of the major points at issue between the parties is that while such provisions would be necessitated by the obligations of membership once the amendment to the Treaties has been made, at the present time when the amendment is still a proposed amendment by way of change or addition to the Treaty of Rome it cannot be said to be "necessitated" by the provisions of the Treaty of Rome and therefore, at this point in time, the plaintiff submits it is open to constitutional challenge by him although it might not be open to constitutional challenge by him at a later stage. Now the respective contentions of the parties on this matter have been that Mr. Fitzsimons for the defendants on the one hand has submitted that what the Single European Act does is merely to tidy up the administrative procedures of the Communities within the ambit of the original Treaties. Mr. Callan on the other hand submits that the effects are much more far-reaching. For instance he submits that the Single European Act contemplates the establishment of a new court within the EEC with powers presently undefined, although he has to admit that such a court, if established, would in fact be subordinate to the present Court of Justice of the European Communities which, in relation to the new court, would act as a court of appeal. He also submits that the Single European Act contains new provisions dealing with the health of workers, a matter on which the original Treaty of Rome was silent, in the sense that there was no specific reference to that matter in it, and he says that this being an extension of the law-making powers of the institutions of the EEC is necessarily a diminution of the sole and exclusive law-making powers of the Oireachtas referred to in Article 15 of the Constitution. Likewise he says the Single European Act contemplates the waiver of certain existing provisions requiring unanimity among Member States and substitutes in their place different forms of majority decision whether weighted or otherwise and these matters are referred to in a

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	731
H.C.	
 schedule to a memorandum which was prepared apparently for the Foreign Affairs Committee of the British Parliament and which is conceded by both parties accurately to set out the contemplated changes.
 The plaintiff submits that the result would be to give to the European institutions increased law-making powers over and above those contemplated in 1972 at the time of the referendum and thereby to encroach upon the sole law-making powers of the Oireachtas under Article 15 of the Constitution. It appears to me that, on this question, the plaintiff has raised a fair issue for a court to decide.
 Great stress has been laid in the course of the case on the  San Michele Case (Cases 9/65 and 58/65)  [1967] E.C.R. 1 being a decision of the Court of Justice of the European Communities. That decision appears to contemplate that once a treaty has been formally ratified by a Member State, by the formal deposit of the instrument of ratification, the European Court in exercising its jurisdiction will not go behind that ratification and the Court says in its judgment at p. 29:—
 "Whereas, however, the Court of Justice, as the institution entrusted with ensuring that in the interpretation and application of the Treaty the law is observed, can only take into consideration the instrument of ratification, which itself was deposited on behalf of Italy on 22 July 1952 and which, together with the other instruments of ratification, brought the treaty into force. Whereas it is clear from the instruments of ratification, whereby the Member States bound themselves in an identical manner, that all States have adhered to the Treaty on the same conditions, definitively and without any reservation other than those set out in the supplementary protocols, and that therefore any claim by a national of a Member State questioning such adherence would be contrary to the system of Community law."
 Now in that context Mr. Callan has raised this submission, that if the instrument of ratification of the Single European Act is deposited with the European Court then he will have lost any status he might otherwise have in relation to attacking the validity of the Single European Act and that thereafter the institutions of the European Communities will be entitled, within the sphere of their jurisdiction — increased he suggests by the provisions of the Act — to make regulations and legal decisions which will be effective within the domestic law of this country and against which the Constitution cannot be invoked.
 The contrary submission put forward by Mr. Fitzsimons is that if Mr. Callan — whatever his status before the European Court — pursues his present substantive application and establishes to the satisfaction of the court which finally hears the action that the European Communities Act or the Single European Act in fact violates the Constitution of Ireland, that the Government of Ireland would then be obliged in accordance with the

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	732
H.C.	
 provisions of this jurisdiction to abrogate so far as may be necessary the provisions under the European Treaties. It appears to me on that matter also the plaintiff has raised a fair and substantial point of law.
 A strong attack has been made on the plaintiff on the basis that he has no locus standi so far as these proceedings are concerned and Mr. Fitzsimons relied upon the provisions of  Cahill v. Sutton  [1980] I.R. 269 and this is a matter to which, needless to say, I have to give very serious regard. I think it is however important to remember that  Cahill v. Sutton  dealt with private litigation and was a case where the plaintiff in the action was attempting to set up rights of a third party in order to avail of an alleged defect in the law so as to have it declared invalid and thereby to say there was no law and that therefore the plaintiff was entitled not to be adversely affected by it. In other words the plaintiff was attempting to set up for her own private purposes the rights of a third party and the Supreme Court refused to allow the plaintiff to do that. However, in the course of his judgment in the case Henchy J. made some remarks to which I must pay very careful attention. He says, and Mr. Fitzsimons quoted the passage, at p. 284:—
 "There is also the hazard that, if the Courts were to accord citizens unrestricted access, regardless of qualification, for the purpose of getting legislative provisions invalidated on constitutional grounds, this important jurisdiction would be subject to abuse. For the litigious person, the crank, the obstructionist, the meddlesome, the perverse, the officious man of straw and many others, the temptation to litigate the constitutionality of a law, rather than to observe it, would prove irresistible on occasion."
 He also refers to the danger that people who have lost their debate with the public or with the parliament might as a final analysis bring the fight into the Courts and he says that this would be an undesirable development if it should take place.
 Now this is the matter to which I have to give very careful consideration. There is no doubt that the present issue raised in these proceedings is a controversial political issue but it appears to me also that, right from the start, it has been an issue dealing with the powers of the Government and with constitutional rights which are matters of law and in which a responsible citizen — be his attitude to them right or wrong — could take a legitimate interest and that, in so much as it is a matter which affects the whole constitutional and political structure of the society in which he lives, it is a matter in which the individual citizen might have a legitimate interest which might be accepted in a court of law. But I think it important to refer in more detail to what Henchy J. said in that case because he goes on to say (at pp. 284/5):—
 "The Constitution has given Parliament the sole and exclusive power of making laws. The Courts normally accord those laws the

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	733
H.C.	
 presumption of having been made with due observance of constitutional requirements. If a citizen comes forward in court with a claim that a particular law has been enacted in disregard of a constitutional requirement, he has little reason to complain if in the normal course of things he is required, as a condition of invoking the court's jurisdiction to strike down the law for having been unconstitutionally made (with all the dire consequences that may on occasion result from the vacuum created by such a decision), to show that the impact of the impugned law on his personal situation discloses an injury or prejudice which he has either suffered or is in imminent danger of suffering.
 This rule, however, being but a rule of practice must, like all such rules, be subject to expansion, exception or qualification when the justice of the case so requires. Since the paramount consideration in the exercise of the jurisdiction of the Courts to review legislation in the light of the Constitution is to ensure that persons entitled to the benefit of a constitutional right will not be prejudiced through being wrongfully deprived of it, there will be cases where the want of the normal locus standi on the part of the person questioning the constitutionality of the statute may be overlooked if, in the circumstances of the case, there is a transcendent need to assert against the statute the constitutional provision that has been invoked. For example, while the challenger may lack the personal standing normally required, those prejudicially affected by the impugned statute may not be in a position to assert adequately, or in time, their constitutional rights. In such a case the court might decide to ignore the want of normal personal standing on the part of the litigant before it. Likewise, the absence of a prejudice or injury peculiar to the challenger might be overlooked, in the discretion of the court, if the impugned provision is directed at or operable against a grouping which includes the challenger, or with whom the challenger may be said to have a common interest — particularly in cases where, because of the nature of the subject matter, it is difficult to segregate those affected from those not affected by the challenged provision.
 However, those examples of possible exceptions to the rule should not be taken as indicating where the limits of the rule are to be drawn. It is undesirable to go further than to say that the stated rule of personal standing may be waived or relaxed if, in the particular circumstances of a case, the court finds that there are weighty countervailing considerations justifying a departure from the rule."
 It does appear to me, assuming the plaintiff were otherwise devoid of constitutional standing, that he has raised matters which are common to him

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	734
H.C.	
 and to other citizens and which are weighty countervailing considerations which would justify, on their own, a departure from the rule in relation tolocus standi. But it does appear to me that in relation to one matter — and it is a basic matter — the plaintiff clearly has a locus standi because his contention is that what is being done involves an amendment to the Constitution which should be submitted to a referendum, and that he, as a citizen, has the right to be consulted in such a referendum and that his right is being infringed. He may be correct in making that submission or he may not but it appears to me that it is a serious and important issue and that he has the locus standi to raise that particular issue.
 It is contended that the present application is an abuse of the process of the court. However, I am satisfied that what happened was that the plaintiff, when another solicitor was acting for him, applied to Carroll J. for leave to serve short notice of motion to prevent the Minister placing the matter for consideration before the Oireachtas. It is quite clear that that application met with short shrift, and rightly so, from Carroll J. I think it proper to remark also that when Mr. Callan first made his interim application he informed me that that application had been made and conceded that the application was ill thought out and should not have been made. The application now being made by Mr. Callan and his present team is a much more sophisticated one and it appears to me that he has advanced cogent reasons for making this application at this time and in this way and that it could not properly be referred to as an abuse of the process of the court.
 Secondly, and this has caused me some concern, so much so that I checked on the matter myself, it has been suggested that the plaintiff was forum shopping because having failed in his application before Carroll J. he shopped around for a different judge. If that were true I think it would be a reason for refusing him relief now. But I am satisfied from enquiries at the Central Office that in fact the plaintiff or his solicitor sought to make the application before the judge who was on duty, who was MacKenzie J., but that MacKenzie J. was ill at the time and therefore he had to make the application before another judge. Apparently Carroll J. was not available either and ultimately the plaintiff's legal advisers succeeded in tracking me down and while I might prefer, having regard to the complexity of the matter, that they had found a different judge, I do not think that I can fault them for the course of conduct they followed.
 Next I come to the question of the balance of convenience. On the one hand you have the right of one private citizen who has raised a fair and substantial question touching his constitutional rights. Against him it is said that this present application is not necessary because he can achieve the same result by proceeding with his substantive constitutional action and if he is right at the end of the day, he will be entitled to relief. But in that context one has the other puzzling question which Mr. Callan has raised in the light of the decision in  San Michele (Cases 9/65 and 58/65)  [1967] E.C.R. 1, to

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	735
H.C.	
 the effect that, once the instrument of ratification is deposited, a new jurisdiction will be assumed on a supranational level by the institutions of the Communities and that their jurisdiction will be entitled to effect within the domestic law of this country, and that, putting the matter at its easiest or at its least damaging from the plaintiff's point of view, one would have a situation where potentially there was a conflict of jurisdiction between the institutions of the European Communities and the domestic courts of this country. It appears that that is a matter on which Mr. Callan has raised a fair question and which is relevant also in the context of the balance of convenience because it would appear that while the Government could, in the event of the courts ultimately holding that the steps already taken were unconstitutional, attempt to retract from its international commitments, the embarrassment certainly to the State would be considerable and indeed it is arguable that we would be entering on a sea of litigation which is uncharted so far as the knowledge of this particular court goes.
 Against those difficulties with which the plaintiff is confronted, there is the serious embarrassment which would be caused to the Government if it is unable to lodge the instrument of ratification before the end of this month and that clearly is a serious matter to which weight must be given but I think it is also relevant, in that context, to note that article 33 of the Single European Act itself contemplates that the Act is to be "ratified by the High Contracting Parties in accordance with their respective constitutional requirements."The plaintiff has raised a question as to the constitutional requirements in this country and it appears to me that that is a matter which this court must take seriously and, on balance, that that matter has been raised in this court at a time when the various changes are not yet binding on the State and that this court must in pursuance of its general duties under the Constitution allow a constitutional issue to be raised and allow the status quo to be preserved pending its resolution. So I think the balance of convenience is in favour of granting the injunction rather than refusing it. In that context of course I have also had to consider, as I previously indicated, that there is a constitutional presumption in favour of the Act of 1986 and I am prepared to accept for the purposes of this application that the Executive is also entitled to a similar kind of respect in relation to its executive functions and furthermore that the court must proceed on the basis of a presumption in favour of the correct exercise of executive powers, which presumption is strengthened because a resolution of Dáil Éireann  has been passed. Needless to say, I have found these matters very troublesome but it appears to me that even despite those presumptions I still must reach the conclusion that at this early stage the plaintiff has raised an issue of such substance and importance as to warrant preserving the status quo until the issue has been resolved in these courts.
 I accordingly will grant the interlocutory injunction sought by the plaintiff.

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	736
H.C.	

 On 2nd January, 1987, the plaintiff filed a very lengthy statement of claim signed by three senior counsel and two junior counsel, which concluded by seeking essentially the same reliefs as set out in the general indorsement of claim to the plenary summons. By its defence filed on the 7th January, 1987, the defendants denied constitutional infringement, and contended that sections of the statement of claim regarding future legislative activity by the institutions of the European Communities were speculative only, and in any event related only to matters of policy. The defendants further objected to the locus standi of the plaintiff. The matter came on for hearing before the High Court (Hamilton P., Barrington and Carroll JJ.) on the 15th, 16th, 19th, 20th, 21st, 22nd, 23rd, 29th and 30th January, 1987.
Paul Callan S.C. , Aidan Browne S.C.  and Eoin McGonigal S.C.  (with them Antonia O'Callaghan  and Seamus  Ó Tuathail ó tuathail ) for the plaintiff.
T.K. Liston S.C. , Eoghan Fitzsimons S.C.  and John Cooke S.C.  (with them James O'Reilly ) for the defendants.
 The following cases were cited in argument:— All cases listed at the outset of this report, save the last five, were referred to in argument before the court.
Cur. adv. vult.
 The judgment of the court (Hamilton P., Barrington and Carroll JJ.) was delivered by Barrington J.

Barrington J.
	12th February 1987 

 The plaintiff is an Irish citizen. The first fifteen defendants are the Government of Ireland who exercise the executive power of the State pursuant to the provisions of the Constitution. The sixteenth defendant is the State and the seventeenth defendant is the Attorney General and law officer of the State designated by the Constitution and is joined as a defendant in such capacity. In these proceedings the plaintiff claims, inter alia:—
 (1) A declaration that the State cannot become bound by the Single European Act being a treaty designed to amend and augment the treaties establishing the European Communities and to establish European Political Cooperation in the sphere of foreign and security policy, except by virtue of a referendum to amend the Constitution;

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	737
H.C.	

 (2) A perpetual injunction restraining the defendants and each of them from depositing with the Government of the Italian Republic any purported instrument of ratification of the Single European Act otherwise than by virtue of and pursuant to an amendment of the Constitution through referendum;
 (3) If necessary, a declaration that the European Communities (Amendment) Act, 1986, is invalid having regard to the provisions of the Constitution.
 The case raises very far-reaching issues touching Irish constitutional law, international law and the law of the European Communities.
The Treaty of Rome
 The European Communities are the European Coal and Steel Community (established by the Treaty of Paris dated the 18th April, 1951), the European Economic Community (established by the Treaty of Rome dated the 25th March, 1957) and the European Atomic Energy Community (established by the Treaty of Rome dated the 25th March, 1957). The Single European Act purports, on its face, to amend and supplement all three Treaties. Similar issues arise in relation to all three Treaties and it may simplify matters if we discuss the problems which arise in the light of the Treaty of Rome establishing the European Economic Community.
 The purpose of the Treaty of Rome was to establish a European Economic Community. The motives of the founder members of the Community appear from the preamble to the Treaty which, with its reference to the determination of the founder members "to lay the foundations of an ever closer union among the peoples of Europe", recalls the preamble to the American Constitution. The Treaty contemplated the progressive removal of barriers to trade and obstacles to the free movement of goods and capital over a period of time. Article 2 of the Treaty accordingly provides that the Community will have as part of its task the promotion of harmonious development of economic activities throughout the Community by establishing a common market and "progressively" approximating the economic policies of the Member States. The preamble to the Treaty reads as follows:—
 "HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS,
 DETERMINED to lay the foundations of an ever closer union among the peoples of Europe,
 RESOLVED to ensure the economic and social progress of their

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	738
H.C.	
 countries by common action to eliminate the barriers which divide Europe,
 AFFIRMING as the essential objective of their efforts the constant improvement of the living and working conditions of their peoples,
 RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition,
 ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less favoured regions,
 DESIRING to contribute, by means of a common commercial policy, to the progressive abolition of restrictions on international trade,
 INTENDING to confirm the solidarity which binds Europe and the overseas countries and desiring to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations,
 RESOLVED by thus pooling their resources to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts,
 HAVE DECIDED to create a European Economic Community . . ."
 Article 3 of the Treaty sets out the activities of the Community and reads as follows:—
 "For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein:—
 (a) the elimination, as between Member States, of customs duties and of quantitative restrictions on the import and export of goods, and of all other measures having equivalent effect;
 (b) the establishment of a common customs tariff and of a common commercial policy towards third countries;
 (c) the abolition, as between Member States, of obstacles to freedom of movement for persons, services and capital;
 (d) the adoption of a common policy in the sphere of agriculture;
 (e) the adoption of a common policy in the sphere of transport;
 (f) the institution of a system ensuring that competition in the common market is not distorted;
 (g) the application of procedures by which the economic policies of Member States can be coordinated and disequilibria in their balances of payments remedied;
 (h) the approximation of the laws of Member States to the extent required for the proper functioning of the common market;
 (i) the creation of a European Social Fund in order to improve employment opportunities for workers and to contribute to the raising of their standard of living;

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	739
H.C.	

 (j) the establishment of a European Investment Bank to facilitate the economic expansion of the Community by opening up fresh resources;
 (k) the association of the overseas countries and territories in order to increase trade and to promote jointly economic and social development."
 Article 4 entrusts the work of the Community to four institutions: (1) an Assembly, (2) a Council, (3) a Commission, and (4) a Court of Justice, each acting within the limits of the powers conferred upon it by the Treaty. By articles 5 and 6 the Member States pledge themselves to facilitate the achievement of the Community's tasks, commit themselves to abstain from any measures which would jeopardise the attainment of the objectives of the Treaty and promise to act in close co-operation with the institutions of the Community. Article 7 prohibits any discrimination on the grounds of nationality. Article 8 provides that the common market is to be established over a transitional period of twelve years divided into three stages of four years each. (This transitional period was to end in 1969. But, so far as Ireland was concerned, the transitional period was extended to 1977 under the terms of the Accession Treaty). All of these provisions are contained in Part I of the Treaty under the heading "PRINCIPLES".
 It seems clear that what the founders had in mind was a growing dynamic Community gradually achieving its objectives over a period of time. Article 210 provides that the Community is to have legal personality and article 211 provides that in each of the Member States the Community is to enjoy the most extensive legal capacity which the laws of the State allow. The Treaty is one of indefinite duration (article 240). Article 235 provides that if action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community and the Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the Assembly, take the appropriate measures. This article has been the basis of many regulations and directives and its use as such has been expressly approved by the Court of Justice of the European Communities. (See  Hauptzollamt Bremerhaven v. Massey-Ferguson GmbH(Case 8/73)  [1973] E.C.R. 897).
 Article 236 contains provisions for amending the Treaty. The Government of any Member State or the Commission may submit to the Council proposals for the amendment of the Treaty. If the Council, after consulting the Assembly and, where appropriate, the Commission, delivers an opinion in favour of calling a conference of representatives of the Governments of the Member States, the conference shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaty. It also provides that the amendments shall enter into force after being ratified by all the Member States "in accordance with their respective constitutional requirements". There were a number of

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	740
H.C.	
 amendments to the Treaty prior to Ireland's accession and further amendments have taken place since.
The Single European Act
 The Single European Act is an international treaty designed further to amend the provisions of the Treaty of Rome. It contains, however, (at article 33) its own ratification procedure. This provides that the Act is to be ratified by the High Contracting Parties "in accordance with their respective constitutional requirements." They make known their ratification by depositing the relevant instrument of ratification with the Government of the Italian Republic. Article 33 also provides that the Act is to enter into force on the first day of the month following that on which the instrument of ratification shall have been deposited by the last signatory State to fulfil that formality.
 All Member States, except Ireland, have deposited their respective instruments of ratification with the Government of the Italian Republic. The Irish instrument of ratification has been sealed by the President, on the advice of the Government, is ready for deposit, and would have been deposited but for the interlocutory injunction granted by the High Court on the 24th December, 1986.
 The Single European Act consists of a preamble which refers, inter alia,to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and of four titles. Of these the most important is Title II which contains four chapters amending the founding Treaties. Chapter I amends the European Coal and Steel Community Treaty; Chapter II amends the Treaty of Rome; Chapter III amends the Euratom Treaty; and Chapter IV contains general provisions.
 Title I refers to certain common provisions of a procedural nature and would not appear to be important for the purposes of this case except for article 3 which provides as follows:—
 "(1) The institutions of the European Communities, henceforth designated as referred to hereafter, shall exercise their powers and jurisdiction under the conditions and for the purposes provided for by the Treaties establishing the Communities and by the subsequent Treaties and Acts modifying or supplementing them and by the provision of Title II.
 (2) The institutions and bodies responsible for European Political Cooperation shall exercise their powers and jurisdiction under the conditions and for the purposes laid down in Title III and in the documents referred to in the third paragraph of Article 1."
 Title III contains provisions for co-operation by the members of the Community in the sphere of foreign policy.
 Title IV contains certain general and final provisions including article 33

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	741
H.C.	
 which lays down the procedure for ratification, and articles 31 and 32 which are as follows:—
Article 31
 "The provisions of the Treaty establishing the European Coal and Steel Community, the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply only to the provisions of Title II and to Article 31; they shall apply to those provisions under the same conditions as for the provisions of the said Treaties."
Article 32
 "Subject to Article 3 (1), to Title II and to Article 31, nothing in this Act shall affect the Treaties establishing the European Communities or any subsequent Treaties and Acts modifying or supplementing them."
 It would therefore appear that the most important provisions, so far as this case is concerned are those contained in Title II, Chapter II. These include additional provisions dealing with the internal market, monetary capacity, social policy (including health and safety of workers), economic and social cohesion, research and technological development and the environment (see Section II). The plaintiff submits that the effect of these provisions is to extend the scope of the Treaty of Rome and to add a new objective to the objectives set out in that Treaty.
 Article 11 of the Single European Act provides that the Council may, acting unanimously, at the request of the Court of Justice and after consulting with the Commission and the European Parliament "attach" to the Court of Justice a court with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only, certain classes of action or proceedings brought by natural or legal persons. The new court, however, shall not be competent to hear and determine actions brought by Member States or by Community institutions or questions referred for a preliminary ruling under Article 177 of the Treaty.
 Finally, Title II, Chapter I, Section I provides for the introduction of a"cooperation procedure" for arriving at decisions under articles of the Treaty of Rome and for the substitution of qualified voting for unanimous decision-making in a restricted number of cases
The European Communities (Amendment) Act, 1986
 The European Communities (Amendment) Act, 1986, amends the European Communities Act, 1972, by adding to "the treaties governing the European Communities" referred to in s. 1 of that Act, the following provisions of the Single European Act, namely:—

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	742
H.C.	

 "Article 3.1; Title II; Articles 31 and 32; and, in so far as they relate to the said Article 3.1, the said Title II and the said Articles 31 and 32, Articles 33 and 34."
 The Act of 1986 is to be read as one with the Act of 1972 and the effect of the amendment is to make the provisions of the Single European Act referred to part of the domestic law of Ireland, once the Minister for Foreign Affairs has made his order bringing the Act of 1986 into force pursuant to the provisions of section 3.
The Constitution
 This case raises fundamental issues concerning the Irish Constitution and the relationship between it and the law of the European Communities. Both sides have therefore found it necessary to re-examine the principal features of our Constitution.
 Article 5 provides that Ireland is a sovereign, independent, democratic state. Article 6 provides that all powers of government, legislative, executive and judicial, derive, under God from the people, "whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good."These powers of government are exercisable "only by or on the authority"of the organs of State established by the Constitution. The organs of State established by the Constitution include the President, the Oireachtas, the Government and the Courts. The Constitution provides for a form of separation of powers. Article 15, s. 2 vests in the Oireachtas "the sole and exclusive power of making laws for the State." The Constitution recognises means whereby the Oireachtas may delegate some of its law-making functions to subordinate legislatures. Prior to the Third Amendment to the Constitution there was no provision whereby it could delegate its law-making powers to a supranational authority. The Oireachtas may not enact any law which is in any respect repugnant to the Constitution. Every law enacted by the Oireachtas which is in any respect repugnant to the Constitution shall be, but to the extent only of such repugnancy, invalid.
 Article 28 provides that the executive power of the State shall "subject to the provisions of this Constitution" be exercised by or on the authority of the Government. Article 29, s. 4, provides that the executive power of the State in or in connection with its external relations shall "in accordance with Article 28 of this Constitution" be exercised by or on the authority of the Government.
 Article 34 provides that justice shall be administered in courts established by law by judges appointed in the manner provided by the Constitution. As the Supreme Court said in  Buckley and Others (Sinn Féin) v.Attorney General  [1950] I.R. 67, at p. 81:—

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	743
H.C.	

 "This seems to us to contemplate and require that justice shall be administered in such manner and not otherwise."
 The High Court, and on appeal from it the Supreme Court, has jurisdiction to decide any question as to the validity of any law having regard to the provisions of the Constitution. In considering any such question the courts will presume that the law is in accordance with the Constitution until the contrary is clearly established. This presumption arises from the respect which each of the great organs of state owes to the other. Each will assume that the other is attempting properly to perform its constitutional function and will normally refrain from interfering in a field prima facie within the area of competence of the other. There appears to be no reason why the courts should not pay to the Government, acting within its own sphere, the same kind of respect it pays to the Oireachtas acting in its proper domain. This would appear to apply with special force when the Government is conducting the external relations of the State — an area within which the courts have not normally any competence.
 Both sides in the present case relied heavily on the decision of the Supreme Court in  Boland v. An Taoiseach  [1974] I.R. 338. The defendants relied on it as authority for the proposition that the Government must be free to formulate the foreign policy of the State. The plaintiff on the other hand relied on it as authority for the proposition that, even in the conduct of the external relations of the State, the Government was subject to the Constitution and that, at some point, a stage might be reached where it was necessary for the courts to intervene to protect the Constitution.
 In that case FitzGerald C.J., at p. 362 put the matter as follows:—
 "Consequently, in my opinion, the Courts have no power, either express or implied, to supervise or interfere with the exercise by the Government of its executive functions, unless the circumstances are such as to amount to a clear disregard by the Government of the powers and duties conferred upon it by the Constitution."
 Budd J., at p. 366, put the matter as follows:—
 "It is for the Executive to formulate matters of policy. The judiciary has its own particular ambit of functions under the Constitution. Mainly, it deals with justiciable controversies between citizen and citizen or the citizen and the State and matters pertaining thereto. Such matters have nothing to do with matters of State policy. Viewing the matter from another angle, as to the nature of any relief that could properly be claimed in proceedings of this nature, I ask whether it could be said that the Courts could be called upon to pronounce adversely or otherwise on what the Government proposed to do on any matter of policy which it was in course of formulating. It would seem that that would be an attempted interference with matters which are part of the functions

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	744
H.C.	
 of the Executive and no part of the functions of the judiciary. From a practical standpoint alone, what action would be open to the Courts? The Courts could clearly not state that any particular policy ought not to be pursued.
 The Constitution goes further in indicating how far the policies involved in government decisions as to policy such as this are removed from the purview of the Courts in that it makes the Government responsible to the Dáil which can support or oppose those policies and review them. Ultimately, there is the responsibility of the Government to the people who must be consulted by way of referendum where any change of the Constitution is contemplated."
 Griffin J., having surveyed the Articles of the Constitution dealing with the separation of powers, put the matter as follows, at p. 370:—
 "In my view, these Articles demonstrate that the Oireachtas, and the Oireachtas alone, can exercise the legislative power of government; that the Government, and the Government alone, can exercise the executive power of government; and that the judicial power of government can be exercised only by judges duly appointed under the Constitution in courts established by law under the Constitution. As the Oireachtas is prohibited from enacting any law which is in any respect repugnant to the Constitution or any provision thereof, the question of the validity of any law having regard to the provisions of the Constitution is reserved to the High Court and the Supreme Court. This is not, however, in any respect an interference by the judicial power in the exercise by the Oireachtas of the legislative power.
 By the Constitution the Government is expressly made responsible to Dáil Éireann:  see s. 4, sub-s. 1, of Article 28. Counsel for the defendants argued that in no circumstances may the Courts interfere with the Government in the exercise of its executive functions. For the purpose of this action it is not necessary to determine this question in the form in which the argument was made, as the defendants need only show that the Courts cannot and should not intervene having regard to the circumstances of the present case. In the event of the Government acting in a manner which is in contravention of some provisions of the Constitution, in my view it would be the duty and right of the Courts, as guardians of the Constitution, to intervene when called upon to do so if a complaint of a breach of any of the provisions of the Constitution is substantiated in proceedings brought before the Courts."
 Under Article 26 of the Constitution the President may, in certain circumstances, refer a Bill to the Supreme Court for a decision as to whether it is or is not repugnant to the Constitution. The defendants stressed that

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	745
H.C.	
 this was the only procedure whereby the constitutionality of legislation could be discussed, in the abstract, and in the light of hypothetical circumstances. In all other cases they suggested that a plaintiff, to have locus standi, had to have a specific personal grievance of the kind contemplated in  Cahill v.Sutton  [1980] I.R. 269. In this case, the defendants suggested the plaintiff was attempting to get from the High Court a constitutional review of the European Communities (Amendment) Act, 1986, without having any right to demand it. The plaintiff, on the other hand, says that he and his fellow citizens have been deprived of the right to take part in a referendum on what, he alleges, is in fact an attempt to amend the provisions of the Constitution.
 Under Article 6 of the Constitution the people have the right "in final appeal" to decide all questions of national policy according to the requirements of the common good. The Constitution provides, however, only three methods whereby the people can be consulted. The first is by a general election held in accordance with the provisions of Article 16 of the Constitution. The second is under Article 27 of the Constitution where the President decides that a Bill is of such national importance that the will of the people thereon ought to be ascertained by referendum. The third is by a referendum to amend the Constitution.
 No citizen has a constitutional right to obtain a referendum. A proposal for the amendment of the Constitution must be initiated in Dáil Éireann  and be passed by both houses of the Oireachtas before being submitted to the people by referendum. But if such a referendum is held the plaintiff, like every other citizen who has the right to vote at an election for members of Dáil Éireann , has the right to vote at the referendum. This would appear to contemplate and require that, if the Constitution is to be amended, it is to be amended in accordance with the machinery established under Articles 46 and 47 of the Constitution and not otherwise. The plaintiff submits that he has a right to see that this is done and that this is a right which the State (and in particular the courts), are obliged to defend and vindicate in accordance with the provisions of Article 40, s. 3 of the Constitution.
Summary of plaintiff's case
 The plaintiff maintains that the Constitution is that of an independent, democratic and constitutional state. It is a Constitution which, on its face, excluded the possibility of Ireland becoming a member of the European Economic Community. Article 29, s. 6 gave the Oireachtas power in certain circumstances, to make an international treaty part of the domestic law of the State. But the Treaty of Rome was no ordinary international agreement. It was a treaty which set up a group of supranational institutions, which, within the area of their competence, could override the legislature, executive and judiciary of their Member States and therefore necessarily conflicted

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	746
H.C.	
 with inter alia Articles 15, 28 and 34 of our Constitution. For us to join the E.E.C. required the Third Amendment of the Constitution Act, 1972, carried at a referendum, the European Communities Act, 1972, and the Treaty of Accession. The present proposal is one to amend the Treaty of Rome but it is proposed to do this by means only of the ratification of the Single European Act and the enactment into law of the European Communities (Amendment) Act, 1986, without any referendum.
 (a) Form of Third Amendment
 The plaintiff's case rests largely on his interpretation of the Third Amendment to the Constitution. That amendment now appears at Article 29, s. 4, sub-s. 3 and reads as follows:—
 "The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."
 The plaintiff lays particular stress on the second sentence of the subsection quoted.
 (b) Nature and effect of ratification procedure
 The plaintiff submits that the ratification procedure under article 33 of the Single European Act, once carried into effect, will have far-reaching effects on Community law and on domestic law. Article 33 of the Single European Act contemplates that each of the High Contracting Parties will ratify the Act in accordance with their respective constitutional requirements. But they signify a formal acceptance of the Treaty by the deposit of the instruments of ratification with the Government of the Italian Republic. By doing that each state represents to the other that it has complied with its own constitutional requirements and thereafter the matter passes from the field of national law into that of international law; the provisions of the Treaty of Rome are amended and the change in Community law takes place in all the Member States of the Community. To draw an analogy from company law the memorandum and articles of association of the Community have been changed. So also, the plaintiff submits, have the obligations of membership of the Community within the meaning of the second sentence of the Third Amendment. The European Communities (Amendment) Act, 1986, then, the plaintiff submits, becomes a law enacted by the State"necessitated by the obligations of membership" of the Communities and

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	747
H.C.	
 becomes immune from constitutional challenge by virtue of the provisions of the Third Amendment to the Constitution.
 (c) The San Michele Case
 Thereafter, the plaintiff submits, the matter cannot be challenged in Community law either and he cites as his authority the case of  Acciaierie San Michele SpA v. High Authority (Case 9/65 and 58/65)  [1967] E.C.R. 1. That was a case in which an Italian company sought to challenge in the Italian Constitutional Court the validity of Italy's accession to the European Coal and Steel Community. It then applied in the European Court for interim relief preventing the High Authority of the European Coal and Steel Community moving against it until such time as the constitutional issue raised by it in the Italian Constitutional Court had been determined. The European Court giving the grounds for its refusal of interim relief ([1967] E.C.R. 1 at p. 29) stated:—
 "Whereas, in support of its application based on those factors for the adoption of the above-mentioned interim measure, the applicant thus alleged that the judgment to be given by the Corte Constituzionale carried "absolute" authority and that "any court having jurisdiction over Italian citizens" was obliged to suspend judgment;
 Whereas, however, the Court of Justice, as the institution entrusted with ensuring that in the interpretation and application of the Treaty the law is observed, can only take into consideration the instrument of ratification, which itself was deposited on behalf of Italy on 22 July, 1952 and which, together with the other instruments of ratification, brought the Treaty into force;
 Whereas it is clear from the instruments of ratification, whereby the Member States bound themselves in an identical manner, that all States had adhered to the Treaty on the same conditions, definitively and without any reservations other than those set out in the supplementary protocols, and that therefore any claim by a national of a Member State questioning such adherence would be contrary to the system of Community law;
 Whereas such a claim is all the more inadmissible in that, in this case, any decision to suspend judgment would be tantamount to reducing the Community to a cipher by regarding the instrument of ratification either as only partially accepting the Treaty, or as the means of according to it different legal consequences, varying with the Member State concerned, or as the means whereby some nationals might evade its rules;
 Whereas the participation of the Italian Republic in the common institutions and in the rights and obligations arising from the Treaty in fact preclude its nationals from avoiding the complete

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	748
H.C.	
 and uniform application of the said Treaty and from thus obtaining different treatment from that of other nationals in the Community;
 Whereas, therefore, there must be dissmissed as contrary to Community policy any application the purpose of which is to establish discrimination of this nature which no law of ratification could introduce into a treaty prohibiting such discrimination; . . ."
 This judgment was merely a judgment on an interim application but the point being made by the European Court appears to be a basic one. It would not be open to the Court to question the validity of the Treaty to which it owed its existence any more than it would be open to this court to question the validity of the Irish Constitution. Whether the same line of reasoning applies to an amendment to the Treaty is not equally clear, but the plaintiff claims that it does.
 (d) The Vienna Convention
 The plaintiff seeks to reinforce his interpretation of the  San Michele Case (Case 9/65 and 58/65)  [1967] E.C.R. 1 by reference to the Vienna Convention on the Law of Treaties. Ireland is not a party to this convention but it is a convention which seeks to codify the international law in relation to treaties and it is therefore an instrument to which international authorities would pay respect. Article 16 refers to the exchange or deposit of instruments of ratification and provides:—
 "Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon:—
 (a) their exchange between the contracting States;
 (b) their deposit with the depositary; or
 (c) their notification to the contracting parties or to the depositary, if so agreed."
 (e) Primacy of Community Law
 The plaintiff refers to the fact that, within the area of its competence, Community law takes precedence over the national law of the Member States. It constitutes a new legal order of international law for the benefit of which states have limited their sovereign rights and the subjects of which are not only the Member States but also their nationals. By contrast with ordinary international treaties the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. By creating a community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane, and more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the Community, the Member States have limited their sovereign rights, albeit within limited fields, and thus created a body of law which binds both their nationals and themselves. The transfer by the states

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	749
H.C.	
 from their domestic legal system to the Community legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act, incompatible with the concept of the Community cannot prevail. See  Van Gend en Loos v. Nederlandse Belastingadministratie (Case 26/62)  [1963] E.C.R. 1;  Humblet v. Belgium (Case 6/60)  [1960] E.C.R. 559;  Costa v.E.N.E.L. (Case 6/64)  [1964] E.C.R. 585 and  Amministrazione delle Finanze dello Stato v. Simmenthal SpA (Case 106/77)  [1978] E.C.R. 629.
 (f) Alleged Extension of Scope of Treaty
 The plaintiff submits that the Single European Act in fact extends the scope of the objectives of the Treaty and increases the competence of its institutions thereby diminishing the sovereignity of the organs of government established by the Constitution. He submits that the institutions of the Treaty of Rome will now be competent to deal with matters such as the health of workers and the environment, on which the Treaty was previously silent. He submits that the shift from unanimous voting to qualified majority voting in certain cases will weaken the position of Ireland and enhance the competence of the Community. He is suspicious of the reference to the European Convention on Human Rights in the preamble to the Single European Act. He is worried lest this and the evolving jurisprudence of the Community, based as it is in some measure on the common constitutional heritage of the Member States, may threaten positions where the Irish Constitution takes a particular and unique stand. He refers for instance to the right to life of the unborn. He also fears that the provisions of Title III relating to European cooperation in the sphere of foreign policy may undermine this State's traditional policy of neutrality.
 (g) Possible subversion of Constitution
 However, his principal submission is that once the instrument of ratification is lodged with the Government of the Italian Republic it will be too late for him to look for relief because the obligations of membership of the Communities will have been changed and everything necessitated by the changed obligations of membership of the Communities will thereafter be immune from constitutional attack by virtue of the provisions of the second sentence of the Third Amendment. It is this extreme circumstance which, he says, entitles him to relief now. He is not, he claims, attempting to interfere with the formulation of policy but attempting to stop an administrative act which will bring about an irreversible constitutional change, and which, he suggests, is open to constitutional challenge now but will be immune from constitutional attack once the instrument of ratification has been deposited. Even the English courts, he says, with their tradition of parliamentary sovereignty and royal prerogative in foreign affairs, were prepared to entertain an application by a taxpayer to prevent the approval of a draft order in council where the order, once approved, would create an irreversible position. See  Reg. v. H.M. Treasury, Ex p. Smedley  [1985] Q.B. 657.

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	750
H.C.	

 The plaintiff submits that if what is attempted to be done in the present case is permitted then it can be repeated, and more and more of the sovereignty of the organs of State established by our Constitution can be transferred to the European Communities without the people generally being consulted in a referendum or having an opportunity to challenge the matter in the courts.
 (h) Locus Standi
 The plaintiff claims that, in these circumstances, he is a person aggrieved within the meaning of  Cahill v. Sutton  [1980] I.R. 269 in that procedures are in train, the effects of which are to amend the Constitution without holding a referendum. He, as a person entitled to vote in a referendum, if held, has locus standi to voice his complaint. Even if he were not an aggrieved person within the category primarily contemplated in Cahill v. Sutton  there are still in the present case "countervailing considerations"of the kind contemplated by the judgment of Henchy J. in  Cahill v.Sutton  [1980] I.R. 269 at 285. These countervailing considerations he submits are circumstances of the most serious kind and bring him within the discretion which the Supreme Court reserved to itself in  Cahill v. Sutton . He is attempting to assert the rights of himself and his fellow citizens in a case which is the kind of action to which the Attorney General might otherwise lend his name. But the Attorney General is already a defendant in these proceedings, and properly so, as representing the State and as law officer of the Government. He is not therefore available to assert the rights of the public in the circumstances of the present case.
 The plaintiff asserts that it is not safe to allow the instrument of ratification to be deposited, to allow the European Communities (Amendment) Act, 1986, to come into force and to wait until some citizen comes along claiming that a specific right guaranteed to him by the Irish Constitution is violated by some act or regulation of the Community. By that time, he submits, the Treaty governing the Community will have been amended. The obligations of membership will have been changed. The European Communities (Amendment) Act, 1986, will be in force and immune from constitutional challenge by virtue of the second sentence of the Third Amendment to the Constitution. Community law will have primacy over national law so that it will be too late for the plaintiff to attempt to invoke rights guaranteed to him under the Constitution against the Community measure. Indeed the plaintiff submits that the very question arising would be one of Community law and that if any party to the litigation sought a reference to the European Court pursuant to article 177 of the Treaty our High Court would have to consider, and our Supreme Court would have to grant, such a request.
 Under these circumstances the plaintiff submits that now is the only time at which he can make his case and that therefore he has the locus standito make it.

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	751
H.C.	

Summary of defendants' case
 The defendants' case may be summarised as follows:—
 (a) Premature
 The defendants claimed that the plaintiff's application was premature. However they said they were waiving this point because of their desire to get a decision on the substantive issue raised by the litigation.
 (b) Locus standi
 They were however relying on the point that the plaintiff had no locus standi in the sense that he could not point to any specific way in which he personally was adversely affected by the provisions of the Single European Act or by those of the European Communities (Amendment) Act, 1986. He could point to no concrete specific grievance and could not therefore bring himself within  Cahill v. Sutton  [1980] I.R. 269. Neither the Single European Act nor the European Communities (Amendment) Act, 1986, amended the Constitution. The question of a referendum did not therefore arise. In any event the plaintiff had no constitutional right to have a referendum held.
 (c) No extension of scope of objectives
 The Single European Act was an amendment to the Treaty of Rome. But it did not in any way extend the scope of the objectives of that Treaty. All of the objectives referred to in Title II of the Single European Act, to wit the articles dealing with the establishment of the internal market, with monetary capacity, with social policy, with economic and social cohesion, with research and technological development, with the health and safety of workers and with the environment, are all matters subsidiary to the establishment of an economic community. They are all provided for expressly or by necessary implication in the original Treaty. Some of these subjects such as "the environment" or "the health and safety of workers" may now loom larger in the public mind than they did when the Treaty of Rome was made in 1957. But they were nevertheless present in the minds of the founders of the Treaty which refers expressly, in its preamble, to the "living and working conditions" of the peoples of the Community. In fact the Community has, over the years, been issuing regulations and directives dealing with all these matters.
 (d) Internal reform
 When the Irish people voted to join the European Community in 1972 they voted to join what was intended to be a dynamic, expanding Community with definite objectives. The Community has, over the years, failed to achieve all of the objectives which the Members set for it. This has been blamed partly on defects in the decision-making machinery of the Community. The Single European Act is designed to improve the decision-making process. If an analogy is to be made with company law, changes are being made in the articles of association of the company but the object clauses remain, in substance, the same.

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	752
H.C.	

 (e) Constitutional rights
 There is nothing in the Single European Act which in any way affects constitutional rights guaranteed by the Constitution. The plaintiff is concerned about what might be introduced in legislation dealing with the health of workers. But the Community has been competent to legislate on this subject from its foundation. The plaintiff also points to the reference to the European Convention for the Protection of Human Rights and Fundamental Freedoms contained in the preamble to the Single European Act, but this Convention is not being made part of the laws of Ireland and, by virtue of the provisions of article 31 and 32, it adds nothing new to the jurisprudence of the Court of Justice of the European Communities. The European Court already looks to the European Convention in its quest for common constitutional values which should guide the jurisprudence of the Court. (See Internationale Handelsgesellschaft mbH v. Einfuhr- und Vorratsstelle Getreide(Case 11/70)  [1970] E.C.R. 1125;  J. Nold KG v. Commission (Case 4/73)  [1974] E.C.R. 491). The quest for common constitutional values is not designed to deprive nationals of Member States of fundamental rights guaranteed to them by their respective national constitutions. Rather is it designed to protect individuals against harsh or unfair legislative or administrative acts of the Community. The primacy of Community law within its own sphere is one of the fundamental principles applied by the Court. The Court is also sceptical of any provision of national law which might appear to be a disguised discrimination in favour of its own nationals contrary to the provisions of article 7 of the Treaty. Nevertheless, the Court is sensitive to the need to respect any provision of national law which is based on deeply held feelings of public morality in that particular Member State. (See  Adouiv. Belgium (Case 115/81)  [1982] E.C.R. 1665;  Rutili v. Ministre de l'Interieur(Case 36/75)  [1975] E.C.R. 1219;  Reg. v. Henn (Case 34/79)  [1979] E.C.R. 3795). But the fundamental submission is that nothing in the Single European Act alters this position one way or the other.
 (f) Legitimate sphere of executive action
 The decision whether to ratify or not to ratify the Single European Act falls within the legitimate sphere of executive action allotted to the Government by the Constitution. It is not a matter in which the Courts should intervene. See  Boland v. An Taoiseach  [1974] I.R. 338. This is particularly the case with Title III of the Single European Act which deals with cooperation in the sphere of foreign policy.
 (g) Dynamic Community
 When the Irish people agreed in 1972 to join the European Economic Community, they agreed to join a Community which was, from its nature, a growing and expanding Community. By doing so, they gave the Government permission to take all such steps as might be necessary to make us effective members of that Community and to play our full part in it. If,

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	753
H.C.	
 however something were being done to change the nature of the Community from an economic community into a political community or a military power then it would be necessary for the Government and the Oireachtas to consult the people in a further referendum. The Community which we joined is governed by a Treaty which contains (at article 236) its own machinery for making amendments. The fact that the people agreed to a machinery for making amendments to the Treaty does not, of course, commit them to agreeing to any specific amendment. But it does mean that it is competent for the Government, with a mandate, where necessary, of a resolution of Dáil Éireann  or of domestic legislation, to agree to amendments to the Treaty within the scope of its original objectives. Only if the proposed amendment goes outside the terms of the original objectives and amounts to an amendment to the Constitution as well, is it necessary for the Government to consult the people in a referendum.
 (h) The new court
 The defendants submit that the need for the new court arises from the growing volume of work in an expanding Community. This has put pressure on the European Court which finds an increasing amount of its time being taken up with matters of minor importance. The proposed court, which can only be set up at the request of the existing Court, will be "attached" to the existing Court and will be a court of first instance, subject to a right of appeal on points of law to the existing Court. The court will not be competent to hear actions brought by Member States or by Community institutions or questions referred for a preliminary ruling under article 177 of the Treaty. These important matters will remain with the existing Court. The proposed new court therefore represents a natural development in the evolution of the Community.
 (i) Misunderstanding of Article 29
 The defendants claim that the plaintiff has misinterpreted the Third Amendment to the Constitution. This can only be understood in the light of Article 29 as a whole and against the background of the relationship between national and international law.
Analysis of Article 29
 As the defendants' submission on Article 29 is fundamental to the issues raised in this case I now propose to consider this Article in detail. Article 29 of the Constitution is headed "International Relations" and, as amended by the Third Amendment to the Constitution, reads as follows:—
 "1. Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
 2. Ireland affirms its adherence to the principle of the pacific settlement

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	754
H.C.	
 of international disputes by international arbitration or judicial determination.
 3. Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.
 4. 1 The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.
 2 For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may, to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.
 3 The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State.
 5. 1 Every international agreement to which the State becomes a party shall be laid before Dáil Éireann .
 2 The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann .
 3 This section shall not apply to agreements or conventions of a technical and administrative character.
 6. No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas."
 It is clear therefore that Article 29 contemplates a number of different kinds of international agreements which may be treated in different ways. International agreements or conventions of a technical and administrative character need not even be laid before Dáil Éireann . But all other international agreements must be laid before Dáil Éireann . If the international agreement involves a charge on public funds it is not enough to lay it before

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	755
H.C.	
 Dáil Éireann . The terms of the agreement must be approved by resolution of Dáil Éireann . In  The State (Gilliland) v. Governor of Mountjoy Prison [1987] I.R. 201 the Supreme Court in its judgment struck down a governmental order made under the provisions of the Extradition Act, 1965, purporting to apply Part II of the Act to extraditions from this country to the United States of America. The relevant extradition treaty had in fact been laid before Dáil Éireann . But it involved a charge upon public funds and had not been approved by resolution of Dáil Éireann . It was not therefore binding on the State — at least in contemplation of Irish domestic law — and it was not competent therefore for the Government to make an order the effect of which would be to make the extradition arrangements enforceable in domestic law. The Supreme Court did not purport to adjudicate on the question of whether the extradition treaty was a valid international agreement. It was sufficient for our courts to say that under the provisions of our Constitution our State was not bound by it and therefore it could not be enforced in domestic law.
 But more important for the present case is s. 6 of Article 29 which provides that no international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas. This section clearly accepts the dualistic concept that some international agreements may be perfectly valid in international law but remain of no relevance to the national courts of a particular country simply because the relevant constitutional authority has not made them part of the domestic law.
 This distinction is illustrated by  In re  Ó Laighléis   [1960] I.R. 93. The applicant in that case sought to rely upon the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which had been ratified by the State but had never been made part of its domestic law. Maguire C.J. delivering the judgment of the Supreme Court said, at p. 124:—
 "The insuperable obstacle to importing the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms into the domestic law of Ireland — if they be at variance with that law — is, however, the terms of the Constitution of Ireland. By Article 15, 2, 1 of the Constitution it is provided that "the sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State." Moreover, Article 29, the Article dealing with international relations, provides at section 6 that "no international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas."
 The Oireachtas has not determined that the Convention of Human Rights and Fundamental Freedoms is to be part of the domestic law of the State, and accordingly this Court cannot give

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	756
H.C.	
 effect to the Convention if it be contrary to domestic law or purports to grant rights or impose obligations additional to those of domestic law.
 No argument can prevail against the express command of section 6 of Article 29 of the Constitution before judges whose declared duty it is to uphold the Constitution and the laws.
 The Court accordingly cannot accept the idea that the primacy of domestic legislation is displaced by the State becoming a party to the Convention for the Protection of Human Rights and Fundamental Freedoms. Nor can the Court accede to the view that in the domestic forum the Executive is in any way estopped from relying on the domestic law. It may be that such estoppel might operate as between the High Contracting Parties to the Convention, or in the Court contemplated by Section IV of the Convention if it comes into existence, but it cannot operate in a domestic Court administering domestic law. Nor can the Court accept the contention that the Act of 1940 is to be construed in the light of, and so as to produce conformity with, a convention entered into ten years afterwards."
 It therefore appears that no international treaty could be part of the domestic law of Ireland save as might be determined by the Oireachtas. If therefore the provisions of the Treaty of Rome were to have any effect in domestic law this could only be done by means of an Act of the Oireachtas.
 Many international treaties — such, for instance, as the Warsaw Convention — had been made part of the domestic law of Ireland by virtue of Acts of the Oireachtas. But, as previously indicated, the Treaty of Rome was no ordinary international treaty. It was a treaty which created new supranational authorities with legislative, executive, and judicial powers claiming, within the area of their competence, to overrule the legislative, executive and judicial organs of this State. It therefore required an amendment to the Constitution to allow Ireland to accede to the Treaty.
 The licence to join is contained in the first sentence of the Third Amendment to the Constitution and it is a mistake to emphasise the second sentence at the expense of the first. So far as relates to the European Economic Community, the first sentence reads:—
 "The State may become a member of . . . the European Economic Community (established by Treaty signed at Rome on the 25th day of March 1957) . . ."
 The "licence" says that the State may become "a member" of a specific community which it identifies by reference to the Treaty of Rome. The Treaty of Rome (which, as previously indicated, had been amended several times before Ireland's accession) is not referred to for the purpose of limiting or freezing the activities of the Community but for the purpose of identifying the Community which the State is permitted to join. This is the

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	757
H.C.	
 Community incorporated by article 210 of the Treaty and it remains, in law, the same Community whether the Treaty is amended or not.
 By the Accession Treaty made at Brussels on the 22nd January, 1972, it was provided, inter alia, that Ireland should become a member of the European Economic Community subject to depositing its instrument of ratification with the Government of the Italian Republic before the 31st December, 1972.
 A referendum was held on the 10th May, 1972, at which the people voted by an overwhelming majority in favour of the Third Amendment of the Constitution, and the Third Amendment of the Constitution Act, 1972, was enacted into law on the 8th June, 1972. Ireland deposited its instrument of ratification on the 16th December, 1972.
 These acts may have been sufficient to make Ireland a member of the European Community in international law as from the 1st January, 1973. Indeed Article 1 of the Treaty of Accession provided:—
 "The Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland hereby become members of the European Economic Community . . ."
 But these acts were not sufficient in themselves to make Ireland an effective member of the Community. To make Ireland an effective member as of the 1st January, 1973, it was necessary to make the Treaty part of the domestic law of Ireland. To achieve this it was necessary to pass an Act of the Oireachtas pursuant to the provisions of Article 29, s. 6, making the Treaty of Rome part of the domestic law of Ireland and giving the institutions of the Community a status in Irish domestic law. Had the Oireachtas not passed the European Communities Act, 1972, Ireland might still have been a member of the Community in international law but it would have been in breach of its obligations in international law under the Treaty of Rome and under the Treaty of Accession. This however would not have been a matter in relation to which the domestic courts of this country would have had any competence because the Treaty would not have been part of the domestic law. The immunity from constitutional challenge conferred by the second sentence of the Third Amendment on laws enacted, acts done, or measures adopted by the Community or its institutions would therefore have been meaningless as these laws, acts or measures would not have been part of the domestic law of this country.
 To make them part of the domestic law of this country the European Communities Act, 1972, was necessary. This Act cannot therefore have been passed by virtue of the second sentence of the Third Amendment but by virtue of the licence to join the European Community contained in the first sentence of the Third Amendment. It accordingly in s. 1 lists the Treaties governing the European Communities and, in s. 2, provides that from the 1st January, 1973, the Treaties governing the European Communities

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	758
H.C.	
 and the existing and future acts adopted by the institutions of those Communities, shall be binding on the State and shall be part of the domestic law thereof under the conditions laid down in those Treaties.
 The European Communities Act, 1972, was clearly authorised by the people when they authorised the State to join the European Economic Community. It must be presumed to be constitutional and would appear to be safe from constitutional challenge. But had it gone outside the terms of the licence granted by the first sentence of the Third Amendment it would not have been immune from constitutional challenge.
 The immunity conferred by the second sentence of the Third Amendment would appear to apply to legislative and administrative measures taken in the day-to-day running of the Community. For instance article 189 of the Treaty provides that the Council and the Commission may, in accordance with the provisions of the Treaty, make regulations and issue directives. A regulation is of general application, it is binding in its entirety and is directly enforceable in all the Member States of the Community. A directive, on the other hand, is binding only as to the result to be achieved, and leaves to each Member State the choice of form and method in its enforcement. Put another way, there are some acts of the institutions of the Community which are directly enforceable in all the Member States whereas others require legislative or administrative action by the Member States to procure their enforcement. It is these matters which are referred to in the second sentence of the Third Amendment when it says:—
 "No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."
 It is these matters alone which are given immunity from constitutional challenge by the second sentence of the Third Amendment. But such of these matters as are acts of the institutions of the Communities derive their status in domestic law from the European Communities Act, 1972. If the second sentence of the Third Amendment is the canopy over their heads, the Act of 1972 is the perch on which they stand.
 The European Communities (Amendment) Act, 1986, purports to amend the European Communities Act, 1972. Section 1 provides that the portions of the Single European Act therein referred to are to be included in the definition of "the Treaties governing the European Communities"contained in s. 1 of the Act of 1972. The effect is to make them part of the domestic law of Ireland by virtue of the provisions of s. 2 of the Act of 1972.
 The Act of 1986 amends the Act of 1972 and is to be construed with it as one Act. Naturally, being an Act of the Oireachtas it is presumed not to violate the Constitution but, like the Act of 1972, it derives its validity from the licence contained in the first sentence of the Third Amendment. If it

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	759
H.C.	
 goes outside the terms of this licence it is open to challenge, in an appropriate case, as being invalid having regard to the provisions of the Constitution. Should such challenge be successful such acts of the institutions of the Community as depend on it for their status in domestic law would lose that status and would be of no effect in domestic law. Such a result might be embarrassing for the Government, and might involve the State being in breach of its international obligations, but such considerations could not prevent this court from fulfilling its constitutional duty, should the matter be made out in a case properly before it.
Conclusion
 I conclude that the plaintiff is mistaken when he submits that, on the deposit of the instrument of ratification of the Single European Act by the Government with the Government of the Italian Republic, the European Communities (Amendment) Act, 1986, or the order bringing it into force or both will become immune from constitutional challenge under the second sentence of the Third Amendment. It has immunity but only if it does not go outside the terms of the licence granted by the first sentence of that amendment. That is a licence to join a living dynamic Community of the kind described by the defendants.
 As I am satisfied that the mere deposit of the instrument of ratification will not confer on the European Communities (Amendment) Act, 1986, any immunity from challenge on constitutional grounds or any impregnable position in domestic law on such provisions of the Single European Act as will depend on it for their status, I conclude that the relief sought by the plaintiff is not necessary for the protection of the Constitution or of the fundamental rights guaranteed thereby. The extraordinary relief which the plaintiff claims of an injunction restraining the Government from depositing the instrument of ratification with the Government of the Italian Republic is not therefore necessary and could only be justified — if justified at all — in a situation where there was no other method of protecting the Constitution.
 The plaintiff, having failed on this point, has no locus standi to make the other points which have been advanced on his behalf in argument. He is not immediately affected or threatened by any of the other matters which he seeks to raise. Therefore on the authority of  Cahill v. Sutton  [1980] I.R. 269 he has no locus standi to advance these arguments. He is not entitled to a general review of the Act similar to the one which might be made of a Bill by the Supreme Court on a reference to it of the Bill by the President under Article 26 of the Constitution. This Court is not therefore called upon to decide them.
 As O'Higgins C.J. said in  Cahill v. Sutton  [1980] I.R. 269 at p. 276:—
 "This Court's jurisdiction, and that of the High Court, to decide questions concerning the validity of laws passed by the

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	760
H.C.	
 Oireachtas is essential to the preservation and proper functioning of the Constitution itself. Without the exercise of such a jurisdiction, the checks and balances of the Constitution would cease to operate and those rights and liberties which are both the heritage and the mark of free men would be endangered. However, the jurisdiction should be exercised for the purpose for which it was conferred — in protection of the Constitution and of the rights and liberties thereby conferred. Where the person who questions the validity of a law can point to no right of his which has been broken, endangered or threatened by reason of the alleged invalidity, then, if nothing more can be advanced, the Courts should not entertain a question so raised. To do so would be to make of the Courts the happy hunting ground of the busybody and the crank. Worse still, it would result in a jurisdiction which ought to be prized as the citizen's shield and protection becoming debased and devalued."
 In the same case Henchy J. put the matter as follows, at p. 284:—
 "The Constitution has given Parliament the sole and exclusive power of making laws. The Courts normally accord those laws the presumption of having been made with due observance of constitutional requirements. If a citizen comes forward in court with a claim that a particular law has been enacted in disregard of a constitutional requirement, he has little reason to complain if in the normal course of things he is required, as a condition of invoking the court's jurisdiction to strike down the law for having been unconstitutionally made (with all the dire consequences that may on occasion result from the vacuum created by such a decision), to show that the impact of the impugned law on his personal situation discloses an injury or prejudice which he has either suffered or is in imminent danger of suffering."
 It is therefore clear that the plaintiff has no locus standi to raise these matters.
 This court would not like to say anything which would in any way inhibit any court which might, in the future, be called upon to decide any of them in a justiciable controversy properly before it. In deference, however, to the able and elaborate arguments which have been advanced to the court by counsel on both sides it is perhaps fair to say that the court is unconvinced that there is anything in the Single European Act which is outside the terms of the licence granted by the first sentence of the Third Amendment, extends the scope of the objectives of the European Community, poses any new threat to any rights guaranteed by our Constitution or represents anything other than an evolution of the Community within the terms of its original objectives.
 So far as the portions of the Single European Act dealing with European Political Cooperation, and which it is not proposed to make part

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	761
S.C.	
 of the domestic law of Ireland, are concerned, this court does not consider that it has any function in relation to them.
 In the circumstances the plaintiff's case should be dismissed.
 [Order: Dismiss plaintiff's claim. No order as to costs. Discharge interlocutory injunctions of 24th December, 1986. Refuse plaintiff's application for stay. Liberty to defendants to apply in relation to the plaintiff's undertaking as to damages given at the hearing of the interlocutory motion.]

 The plaintiff thereupon immediately applied on the same day to the Supreme Court (Finlay C.J., Hederman and McCarthy JJ.) that the order of the Divisional Court of the High Court discharging the interlocutory injunctions be stayed pending the hearing of the application to extend such stay. This was granted and by notice of motion dated the 13th February, 1987, the plaintiff applied to continue the interlocutory injunctions granted on the 24th December, 1986, by way of appeal from the order of the Divisional Court of the High Court dated 12th February, 1987, discharging those interlocutory injunctions.
 The interlocutory issues were heard before the Supreme Court (Finlay C.J., Henchy, Griffin, Hederman and McCarthy JJ.) on the 17th and 18th February, 1987.
Paul Callan S.C.  for the plaintiff: The plaintiff seeks merely to maintain the status quo until the Court has had an opportunity of giving a final decision on a fundamental and important constitutional matter in the context of the Constitution, basic European Community law and public international law. If the interlocutory injunction were not maintained, then even if the plaintiff succeeded on the ultimate issues, he would be left without any legal or constitutional remedy. Furthermore, if the plaintiff were to succeed on the final issues he would be left without any remedy before the Court of Justice of the European Communities, unless the defendants were restrained from ratifying the Single European Act. The balance of convenience in the context of a constitutional matter of this nature lies completely on the side of maintaining the status quo. In the absence of such maintenance, the matter would have passed outside the State, and the Constitution will have been amended by unconstitutional means, which amendment will be irremediable. Once enacted, the Single European Act would enjoy constitutional immunity. Regulations or directives made under article 189 of the Treaty of Rome establishing the European Economic Community would have immunity under the second limb of Article 29, s. 4, sub-s. 3 of the Constitution. The plaintiff has a right under the Constitution to assert the integrity of the Constitution and to go to the guardians of the Constitution and assert the right to have it vindicated. The plaintiff suffers damage in being deprived of the exercise of his right to vote in a referendum, which is the only proper way to amend the

[1987]
1 I.R.	Crotty v. An Taoiseach
Barrington J.	762
S.C.	
 Constitution. The primacy of European Community law is well established: Amministrazione delle Finanze dello Stato v. Simmenthal SpA (Case 106/77) and  Acciaierie San Michele SpA v. High Authority (Cases 9/65 and 58/65) .In the case of breach by Ireland of that primacy of European Community law, then Ireland would be accountable to the Communities before the Court of Justice of the European Communities.
Aidan Browne S.C.  following for the plaintiff: There is no obligation on the State to ratify the Single European Act. Article 29, s. 4, sub-s. 3 of the Constitution means that it will be possible for laws enacted, acts done or measures adopted by the State to have the force of law in the State consequent upon the ratification of the Single European Act. This is a fair issue to be tried.
T.K. Liston S.C.  for the defendants: The interlocutory injunction was a discretionary order in the first case. This Court ought not to substitute its own discretion for the discretion exercised by the Divisional Court: see Hadmor Productions Ltd. v. Hamilton and Others  [1982] 1 All E.R. 1042, particularly the speech of Lord Diplock at page 1046.
 There is no sound basis for the view that, once ratified, the repugnancy to the Constitution of any particular act is still not challengeable; it is still and always will be a matter for this Court.
 Were the plaintiff to succeed, it would mean that any individual could, by litigation, stop the State's involvement in international agreements, even in the absence of any special standing of that individual: see  Gouriet v.Union of Post Office Workers .
John Cooke S.C.  following for the defendants: No stateable case for an interlocutory injunction can be made by the plaintiff because it is based on a logical impossibility. The plaintiff contends that, if ratified, the Constitution will be amended in an unconstitutional manner. In the defendant's submission, this is not possible. Either there is a valid and effective amendment according to its own inbuilt mechanism, or none at all. The flaw lies in failing to distinguish between ratification of an international agreement, on the one hand, and the step of incorporating the contents of the ratified international agreement into the domestic law of the State by which it becomes amenable to the jurisdiction of the courts.
Eoin McGonigal S.C.  for the plaintiff in reply: The act of deposit of the instrument of ratification is irreversible. It involves the giving away of the sovereign right of this State to legislate for itself:  Commission v. Ireland(Case 151/81) .

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.; Henchy J.; Griffin J.; Hederman J.; McCarthy J.	763
S.C.	

Finlay C.J.
	18th February 1987 

 This is an appeal from a refusal of the Divisional Court to permit the continuation of an interlocutory injunction restraining the Government from ratifying the Single European Act and seeking to continue that interlocutory injunction until the final hearing of the case. The first issue is whether the plaintiff has established a fair issue to be tried as to the effect of ratification within the provisions of Article 29, s. 4, sub-s. 3 of the Constitution. My view is that it is so established, but I express no view on the weight of the arguments.
 As to the second question, whether the balance of convenience justifies the granting of an interlocutory injunction, the balance of convenience in the context of the Constitution is exceptional and considerations different to those of the ordinary injunction apply. If the interlocutory injunction sought by the plaintiff were not granted, then the Government's act of ratification would deprive this Court of its jurisdiction or power to grant to the plaintiff the remedies necessary to protect his constitutional rights. If that submission is correct, a fair argument has been made out and it constitutes what, in my view, would justify making an exception, given a reluctance to interfere with the Executive. I am satisfied that in order to do justice to the parties the injunction should continue.

Henchy J.
 I agree.

Griffin J.
 I agree.

Hederman J.
 I agree.

McCarthy J.
 I agree.

 The plaintiff then appealed on the merits and the defendant cross-appealed against the refusal of the Divisional Court to make any order as to costs. The appeal on the merits was heard before the Supreme Court on the 25th, 26th, 27th February and 2nd, 3rd and 4th March, 1987.
Paul Callan S.C. , Aidan Browne S.C.  and Eoin McGonigal S.C.  (with them Antonia O'Callaghan  and Seamus  Ó Tuathail ó tuathail ) for the plaintiff referred to The Electoral (Amendment) Bill, 1983;  Boland v. An Taoiseach ;  The State (Gilliland) v. Governor of Mountjoy Prison ;  In re  Ó Laighléis  ;  Gloverv. B.L.N. ;  Cahill v. Sutton ;  Reg. v. H.M. Treasury, Ex p. Smedley ; Acciaierie San Michele SpA v. High Authority (Cases 9/65 and 58/65) ;

[1987]
1 I.R.	Crotty v. An Taoiseach
McCarthy J.	764
S.C.	
Wavin Irish Pipes Limited v. Hepworth Iron Co. ;  J. Nold KG v. Commission(Case 4/73)  and  Internationale Handelsgessellschaft mbH v. Einfuhr- und Vorratsstelle Getreide (Case 11/70) .
T.K. Liston S.C. , Eoghan Fitzsimons S.C.  and John Cooke S.C.  (with them James O'Reilly ) for the defendants referred to  Commission v. United Kingdom: Re Tachographs (Case 128/78) ;  Reyners v. Belgium (Case 2/74) and  Rewe-Zentral AG v. Bundesmonopolverwaltung fur Branntwein (Cassis de Dijon Case) (Case 120/78) . If it should later appear the Single European Act does have an unconstitutional interpretation, then it remains open to this Court not to give effect to it. The only part of the Single European Act which can supplement, or indeed modify, the existing treaties is Title II. The State is bound by Title II not as a Member State of the European Communities, but as a High Contracting Party. There is nothing in Title III to bind the State to more than merely consult with other signatory States, any more than this State is bound, or its sovereignty detracted from, by accession to the United Nations.
Walsh J.: Would not making Title III part of our domestic law require amendment of the Constitution?
John Cooke S.C.: It would seem to be superfluous to want to incorporate Title III into domestic law.
Henchy J.: Is it the case that the validity of Title III depends on Article 29, s. 5 of the Constitution?
Finlay C.J.: Article 28, s. 4, provides that the executive power of the State in or in connection with its external relations shall be exercised by or on the authority of the Government.
John Cooke S.C.: The Government could not be directed by the Court to consult with the High Contracting Parties under Title III in a given case or alternatively restrained for failing to consult them.
Hederman J.: What would be the position if the Government were to ratify the Single European Act, but excluding Title III?
John Cooke S.C.: Title III is purely a matter for discussions between States. There is no question of Irish foreign policy being decided against us by some majority of States who do not agree with the position we wish to take. If the day were reached when it was sought to convert the European Communities into some kind of political union, then a referendum might well be required. The enactment of the Single European Act is in any event sanctioned by Article 29, s. 4, sub-s. 1 of the Constitution in conjunction with Article 29, section 5.
 While the rights affected by Community law are mainly of an economic and commercial nature, the legal heritage of the European Communities accepts that there are superior fundamental rights and European Community law will not permit Community legislation to be applied to disregard

[1987]
1 I.R.	Crotty v. An Taoiseach
McCarthy J.	765
S.C.	
 those fundamental rights: see  Internationale Handelsgesellschaft mbH v.Einfuhr - und Vorratsstelle Getreide (Case 11/70)  and  Conegate Ltd. v.Customs and Excise Commissioners (Case 121/85) .
T.K. Liston S.C. for the defendants following: The Divisional Court of the High Court accepted that it was not open to it to consider the validity of the Single European Act in the instant case, but that otherwise it would have full power to do so, if an individual was able to establish that his personal rights were affected or threatened. The mere fact that the plaintiff's challenge fails, would not prevent an individual whose rights were affected or threatened from mounting a new challenge to the Single European Act.
 It is not the function of judicial organs of State to interfere with the exercise of its functions by Dáil Éireann . A law is invalid under the Constitution only to the extent of its repugnancy. A referendum is normally initiated and passed with the expressed view of amending the Constitution. Where Article 28, s. 2 provides that the executive power of the State shall be exercised by or on the authority of the Government, subject to the provisions of the Constitution, this can only be taken to refer to subject to express provisions of the Constitution.
 An international agreement involving a charge on public funds but which has not been placed before Dáil Éireann  is not binding on the State at all:  The State (Gilliland) v. Governor of Mountjoy Prison .
 The Court not only does not have the power but also has no responsibility to interfere with the Government's exercise of its own responsibilities. Our Constitution has similarly left the judiciary free from executive control and free from the duty normally to control the Executive. Nevertheless it is always open to the Court to interfere with legislative action where an individual can show actual or potential interference with his own rights, but in this case not only has the plaintiff no more locus standithan any other individual, regard being had to  Cahill v. Sutton , but the plaintiff cannot point to any apprehended interference of his rights by either the Single European Act or the European Communities (Amendment) Act, 1986.
Paul Callan S.C. in reply: Article 29, s. 4, sub-s. 3 is an exception to the Constitution. The obligations of membership of the European Communities were taken on by the State, with the permission of the people, by the Treaty of Accession. (He further cited  Rutili v. Ministre de l'Interieur(Case 36/75) ).
Cur. adv. vult.
 The decision of the Supreme Court on the validity of the European Communities (Amendment) Act, 1986, having regard to the provisions of

[1987]
1 I.R.	Crotty v. An Taoiseach
McCarthy J.; Finlay C.J.	766
S.C.	
 the Constitution, in accordance with Article 34, s. 4, sub-s. 5 was pronounced by Finlay C.J.

Finlay C.J.
	9th April 1987 

 Part of the plaintiff's appeal in this case is against the dismiss by the High Court of his claim for a declaration that the European Communities (Amendment) Act, 1986, is invalid having regard to the provisions of the Constitution. The Court in this decision deals with that issue only.
 The European Communities (Amendment) Act, 1986, ("the Act of 1986") purports to amend the European Communities Act, 1972, and to bring into the domestic law of the State Article 3, s. 1; Title II; Article 31; Article 32; and in part Articles 33 and 34 of the Single European Act ("the SEA"). The Act of 1986 was enacted by the Oireachtas in December, 1986, but does not come into effect until the making of a statutory order which has not yet been made. The other provisions of the SEA largely consisting of the provisions on European cooperation in the sphere of foreign policy contained in Title III are not affected by the Act of 1986 and do not fall to be dealt with in this decision of the Court.
 In the High Court the plaintiff's claim was rejected on the grounds that because the SEA had not yet been ratified by the State and because the Act of 1986 had not yet been brought into effect the plaintiff failed to establish that he had a locus standi to challenge the validity of the Act of 1986 having regard to the provisions of the Constitution. The Court is satisfied, in accordance with the principles laid down by the Court in  Cahill v. Sutton [1980] I.R. 269, that in the particular circumstances of this case where the impugned legislation, namely the Act of 1986, will if made operative affect every citizen, the plaintiff has a locus standi to challenge the Act notwithstanding his failure to prove the threat of any special injury or prejudice to him, as distinct from any other citizen, arising from the Act.
 The net issue therefore here arising is as to whether the provisions of Article 29, s. 4, sub-s. 3 of the Constitution authorise the ratification by the State of the provisions of the SEA intended to amend the Treaties establishing the European Communities. These provisions are the Articles and Title of the SEA referred to in the Act of 1986. Article 29, s. 4, sub-s. 3 reads as follows:—
 "3 The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	767
S.C.	
 by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."
 This provision was enacted as the Third Amendment to the Constitution by virtue of a referendum held in 1972 and permitted the State to join the European Communities. The Court is satisfied that the first sentence of this provision authorised the State to join three Communities identified as to each by reference to the Treaty which established it.
 It is clear and was not otherwise contended by the defendants that the ratification by the State of the SEA (which has not yet taken place) would not constitute an act "necessitated by the obligations of membership of the Communities". It accordingly follows that the second sentence in Article 29, s. 4, sub-s. 3 of the Constitution is not relevant to the issue as to whether the Act of 1986 is invalid having regard to the provisions of the Constitution. It was contended on behalf of the plaintiff that any amendment of the Treaties establishing the Communities made after the 1st January, 1973, when Ireland joined those Communities would require a further amendment of the Constitution. It was contended on behalf of the defendants that the authorisation contained in the first sentence of Article 29, s. 4, sub-s. 3 was to join Communities which were established by Treaties as dynamic and developing entities and that it should be interpreted as authorising the State to participate in and agree to amendments of the Treaties which are within the original scope and objectives of the Treaties. It is the opinion of the Court that the first sentence in Article 29, s. 4, sub-s. 3 of the Constitution must be construed as an authorisation given to the State not only to join the Communities as they stood in 1973, but also to join in amendments of the Treaties so long as such amendments do not alter the essential scope or objectives of the Communities. To hold that the first sentence of Article 29, s. 4, sub-s. 3 does not authorise any form of amendment to the Treaties after 1973 without a further amendment of the Constitution would be too narrow a construction; to construe it as an open-ended authority to agree, without further amendment of the Constitution, to any amendment of the Treaties would be too broad. The issue then arises as to whether the effect of the amendments to the Treaties proposed by the SEA is such as would bring the introduction of them into the domestic law by the Act of 1986 outside the authorisation of Article 29, s. 4, sub-s. 3 as above construed.
 The only provisions affecting the European Coal and Steel Community proposed in the SEA are Articles 4 and 5 thereof, and the only provisions affecting the European Atomic Energy Community proposed in the SEA are Articles 26 and 27 thereof. These Articles have essentially the same effect as Articles 11 and 12 with regard to the European Economic Community (the EEC). All of these Articles give a power to the European

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	768
S.C.	
 Council at the request of the Court of Justice of the European Communities to attach to that Court a court of first instance for the trial of certain classes of cases. It is sufficient, therefore, for the purpose of this decision to consider the EEC Treaty (the Treaty of Rome) and the proposed amendments and additions to it.
 The Act of 1986 enjoys the presumption of constitutional validity, so the onus is on the plaintiff to show that it is in some respect invalid, having regard to the provisions of the Constitution. The contention made on behalf of the plaintiff on this issue was under four headings.
 (1) Changes which are proposed in the decision-making process of the Council in six instances from unanimity to a qualified majority were asserted to be an unauthorised surrender of sovereignty.
 (2) The power given to the Council by unanimous decision at the request of the Court of Justice of the European Communities (the European Court) to attach to it a court of first instance with an appeal from the latter on questions of law to the European Court was said to be an unauthorised surrender of the judicial power.
 (3) It is submitted that Article 20 dealing with cooperation in economic and monetary policy, Article 21 dealing with social policy, Article 23 dealing with economic and social cohesion, Article 24 dealing with research and technological development, and Article 25 dealing with the environment, all add new objectives to the Treaty of Rome which make them additions to the original Treaty which are outside the existing constitutional authorisation.
 (4) It is submitted that powers granted to the Council by Articles 18 and 21 of the SEA would enable it by a qualified majority to direct the approximation of laws concerning the provision of services and concerning the working environment, health and safety of workers which amount to new powers outside the existing constitutional authorisation and which could encroach on existing guarantees of fundamental rights under the Constitution.
 In discharging its duty to interpret and uphold the Constitution the Court must consider the essential nature of the scope and objectives of the Communities as they must be deemed to have been envisaged by the people in enacting Article 29, s. 4, sub-section 3. It is in the light of that scope and those objectives that the amendments proposed by the SEA fall to be considered.
 Article 2 of the Treaty of Rome provided as follows:—
 "The Community shall have as its task, by establishing a common market and progressively approximating the economic policies of Member States, to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the States belonging to it."

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	769
S.C.	

 Article 3 of that Treaty set out what the activities of the Community should include for the purposes stated in Article 2, and amongst these activities are:—
 "(c) the abolition, as between Member States, of obstacles to freedom of movement for persons, services and capital;
 (f) the institution of a system ensuring that competition in the common market is not distorted;
 (g) the application of procedures by which the economic policies of Member States can be coordinated and disequilibria in their balances of payments remedied;
 (h) the approximation of laws of Member States to the extent required for the proper functioning of the common market;
 (i) the creation of a European Social Fund in order to improve employment opportunities for workers and to contribute to the raising of their standard of living;
 (j) the establishment of a European Investment Bank to facilitate the economic expansion of the Community by opening up fresh resources;
 (k) the association of the overseas countries and territories in order to increase trade and to promote jointly economic and social development."
 For the purpose of attaining its objectives and implementing its provisions the Treaty of Rome established certain institutions. Amongst these is the Court of Justice of the European Communities which was established to ensure that in the interpretation and the application of the Treaty the law is observed. The decisions of that Court on the interpretation of the Treaty and on questions covering its implementation take precedence, in case of conflict, over the domestic law and the decisions of national courts of Member States.
 Another institution of the EEC is the Council, whose decisions have primacy over domestic law and which for the purpose of ensuring that the objectives of the Treaty are attained is charged with ensuring the co-ordination of the general economic policies of the Member States. Some of its decisions must be unanimous, others may be taken by qualified majority, and still others by simple majority. The capacity of the Council to take decisions with legislative effect is a diminution of the sovereignty of Member States, including Ireland, and this was one of the reasons why the Third Amendment to the Constitution was necessary. Sovereignty in this context is the unfettered right to decide: to say yes or no. In regard to proposals coming before the Council which the State might oppose, unanimity is a valuable shield. On the other hand, in proposals which the State might support, qualified or simple majority is of significant assistance. In many instances the Treaty of Rome provided a requirement that a decision on a particular topic should be unanimous, but would after the expiry of a particular stage or of the transitional period require only a qualified

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	770
S.C.	
 majority. The Community was thus a developing organism with diverse and changing methods for making decisions and an inbuilt and clearly expressed objective of expansion and progress, both in terms of the number of its Member States and in terms of the mechanics to be used in the achievement of its agreed objectives.
 Having regard to these considerations, it is the opinion of the Court that neither the proposed changes from unanimity to qualified majority, nor the identification of topics which while now separately stated, are within the original aims and objectives of the EEC, bring these proposed amendments outside the scope of the authorisation contained in Article 29, s. 4, sub-s. 3 of the Constitution. As far as Ireland is concerned, it does not follow that all other decisions of the Council which now require unanimity could, without a further amendment of the Constitution, be changed to decisions requiring less than unanimity.
 The power of the Council to attach to the European Court a court of first instance with limited jurisdiction which would be subject to appeal on questions of law to the European Court, does not affect in any material way the extent to which the judicial power has already been ceded to the European Court. This Court is therefore of the opinion that the establishment of an additional court, if it occurs, has not been shown to exceed the constitutional authorisation.
 The existing Treaty contains various provisions dealing with the approximation of laws in general, with freedom for the provision of services in the Member States, with working conditions and with the prevention of occupational accidents and diseases. The proposals contained in Articles 18 and 21 of the SEA have not been shown to contain new powers given to the Council which alter the essential character of the Communities. Neither has it been shown that they create a threat to fundamental constitutional rights. Therefore, it is the opinion of the Court that the appeal under this heading also fails.
 For the foregoing reasons, it has not been shown to the satisfaction of the Court that any of the provisions of the European Communities (Amendment) Act, 1986, are invalid having regard to the provisions of the Constitution.
 On the remaining issues of the appeal the following judgments were then delivered:—

Finlay C.J.
	9th April 1987 

 In addition to the appeal against the dismiss of his claim for a declaration that the European Communities (Amendment) Act, 1986, is invalid having regard to the provisions of the Constitution, which has been

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	771
S.C.	
 dealt with in the decision of the Court, the plaintiff has appealed against the dismiss of a claim for a declaration and injunction restraining the Government from ratifying the Single European Act ("the SEA"). The grounds for that claim, other than those already dealt with by the decision concerning the Act of 1986, are that the provisions contained in Article 30 under Title III of the SEA are inconsistent with the Constitution.
 These provisions are entitled "Provisions on European cooperation in the sphere of foreign policy." They do not purport to constitute amendments of or additions to any of the Treaties establishing the Communities. Adherence to these provisions of the SEA by the State could not be an act necessitated by any obligation of membership by the State of the Communities nor could such provisions be laws enacted, acts done or measures adopted by the Communities or institutions thereof. Article 29, s. 4, sub-s. 3 of the Constitution accordingly does not apply to the provisions concerning European Political Cooperation (EPC) contained in Article 30 under Title III of the Single European Act.
 Article 29, s. 6 of the Constitution therefore applies to those provisions since they can derive no immunity from it by virtue of Article 29, s. 4, sub-s. 3 and they do not become part of the domestic law of the State unless and until the Oireachtas validly so determines. The Oireachtas has passed no law purporting to bring these provisions into the domestic law of the State. The provisions of the SEA contained in Article 30 therefore rank as part of an international treaty negotiated by the Government but not yet ratified, the terms of which have been approved by resolution of Dáil Éireann  but which has not been brought into our domestic law.
 Article 30 of the SEA is divided into twelve sub-articles. It constitutes an agreement between states adhering to the SEA, described in Title III as"High Contracting Parties", which are in fact the Member States of the Communities. From the preamble to the SEA and from the terms of Article 30 themselves, it is clear that the agreements contained in that Article are arrived at with the possible ultimate objective of a form of European political union between the Member States of the Communities as an addition to the existing economic union between them. There can be no doubt that if that aim were ever achieved it would constitute an alteration in the essential scope and objectives of the Communities to which Ireland could not agree without an amendment of the Constitution. Article 30 in summary provides for:—
 1. Cooperation in the formation of foreign policy between the parties, with the aim of formulating and putting into effect a joint foreign policy.
 2. Cooperation with the Commission of the Communities.
 3. Cooperation with the Parliament of the Communities.
 4. Cooperation on European security.
 5. The adoption of common positions at international conferences and in international institutions.

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	772
S.C.	

 6. The state holding the Presidency of the Council of the Communities at any time shall hold the Presidency of the EPC which shall be responsible for initiating action and representing the position of Member States with third countries in relation to EPC activities.
 7. A Secretariat is to be established, the members of which will have diplomatic status.
 The detailed terms of these provisions impose obligations to consult; to take full account of the position of other partners; to ensure that common principles and objectives are gradually developed and defined; as far as possible to refrain from impeding the formation of a consensus and the joint action which this could produce; to be ready to cooperate policies more closely on the political aspects of security. They do not impose any obligations to cede any national interest in the sphere of foreign policy. They do not give to other High Contracting Parties any right to override or veto the ultimate decision of the State on any issue of foreign policy. They impose an obligation to listen and consult and grant a right to be heard and to be consulted.
 The net issue which arises in this part of this appeal is whether, having regard to the general nature and effect of Article 30 of the SEA and its status in relation to our law as above outlined, this Court is entitled under the Constitution, at the instance of the plaintiff, to intervene so as to prevent the Government from ratifying this treaty. It is an issue of a fundamental nature, the importance of which, in my view, transcends by far the significance of the provisions of the SEA. The separation of powers between the legislature, the executive and the judiciary, set out in Article 6 of the Constitution, is fundamental to all its provisions. It was identified by the former Supreme Court in  Buckley and Others (Sinn Féin) v. Attorney General  [1950] I.R. 67 and has since been repeatedly acknowledged and implemented by this Court. It involves for each of the three constitutional organs concerned not only rights but duties also; not only areas of activity and function, but boundaries to them as well.
 With regard to the legislature, the right and duty of the Courts to intervene is clear and express.
 1. Article 15, s. 4, Article 34, s. 3, sub-s. 2 and Article 34, s. 4, sub-s. 4 of the Constitution vest in the High Court and, on appeal, in this Court the right and duty to examine the validity of any impugned enactment of the Oireachtas and, if it be found inconsistent with the Constitution, to condemn it in whole or in part.
 2. Article 26 of the Constitution confers on this Court the duty, upon the reference to it by the President of a Bill passed or deemed to have been passed by both houses of the Oireachtas, to decide whether such Bill or any specified provision or provisions of such Bill is or are repugnant to the Constitution or to any provision thereof.
 3. The Courts do not, in my opinion, have any other right to intervene in the enactment of legislation by the Oireachtas.

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	773
S.C.	

 With regard to the executive, the position would appear to be as follows:— This Court has on appeal from the High Court a right and duty to interfere with the activities of the executive in order to protect or secure the constitutional rights of individual litigants where such rights have been or are being invaded by those activities or where activities of the executive threaten an invasion of such rights.
 This right of intervention is expressly vested in the High Court and Supreme Court by the provisions of Article 34, s. 3, sub-s. 1 and Article 34, s. 4, sub-s. 3 of the Constitution and impliedly arises from the form of the judicial oath contained in Article 34, s. 3, sub-s. 1 of the Constitution.
 Article 29, s. 4, sub-s. 1 of the Constitution provides:—
 "The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government."
 Article 28, s. 2 of the Constitution provides:—
 "The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government."
 The combined effect of these two constitutional provisions clearly is that the executive power of the State in connection with its external relations shall be exercised by or on the authority of the Government but that in so exercising that power the Government is subject to the provisions of the Constitution.
 Article 29, s. 5, sub-s. 1 provides:—
 "Every international agreement to which the State becomes a party shall be laid before Dáil Éireann ."
 Article 29, s. 5, sub-s. 2 provides:—
 "The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann ."
 I have already referred to the provisions of s. 6 of Article 29 of the Constitution vesting in the Oireachtas the right to determine the extent and manner in which an international agreement shall be part of the domestic law of the State. From these constitutional provisions, it seems reasonable to infer a scheme under the Constitution that by virtue of Article 29, s. 5, sub-s. 1, Dáil Éireann  should have a primary control over the exercise by the Government of its executive power in relation to entering into international agreements, and that under Article 29, s. 5, sub-s. 2 no international agreement of major importance being one that involved a charge upon public funds could bind the State without the approval of Dáil Éireann  as to its terms. This scheme is consistent with the provisions of Article 28, s. 3, sub-s. 1 which provide:—
 "War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann ."
 A declaration of war and participation in war is necessarily part and parcel

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	774
S.C.	
 of the external relations of the State. This provision again emphasises the control by Dáil Éireann  of the Government in its exercise of executive power in external relations.
 The overall provisions concerning the exercise of executive power in external relations do not contain any express provision for intervention by the Courts. There is nothing in the provisions of Articles 28 and 29 of the Constitution, in my opinion, from which it would be possible to imply any right in the Courts in general to interfere in the field or area of external relations with the exercise of an executive power. This does not mean that the executive is or can be without control by the Courts in relation to carrying out executive powers even in the field of external relations. In any instance where the exercise of that function constituted an actual or threatened invasion of the constitutional rights of an individual, the Courts would have a right and duty to intervene.
 In this case where the plaintiff adduced no evidence at the hearing in the High Court but relied on matters pleaded and not denied, I am satisfied that he has not established any actual or threatened invasion of any constitutional right enjoyed by him as an individual arising from the terms of Article 30 of the Single European Act.
 It was submitted that, whereas the plaintiff acknowledged that the Courts had no function to intervene with the Executive in the formation or statement of policy, either in external relations or in any other part of Government activity, a difference arose where the declaration of policy involved, as it is stated Article 30 of the SEA involves, a commitment to other states for consultation, discussion and an endeavour to coincide policies. I cannot accept this distinction. It appears probable that under modern conditions a state seeking cooperation with other states in the sphere of foreign policy must be prepared to enter into not merely vague promises but actual arrangements for consultation and discussion. I can find no warrant in the Constitution for suggesting that this activity would be inconsistent with the Constitution and would, as is suggested, presumably in each individual instance, require a specific amendment of the Constitution.
 I am confirmed in the view which I have reached with regard to the constitutional limits of the intervention by the Courts in the exercise by the Government of its executive functions by the decision of this Court in Boland v. An Taoiseach  [1974] I.R. 338. FitzGerald C.J., in the course of his judgment in that case, at p. 362, stated as follows:—
 "Consequently, in my opinion, the Courts have no power, either express or implied, to supervise or interfere with the exercise by the Government of its executive functions, unless the circumstances are such as to amount to a clear disregard by the Government of the powers and duties conferred on it by the Constitution."
 In the course of his judgment in the same case, Budd J., at p. 366,

[1987]
1 I.R.	Crotty v. An Taoiseach
Finlay C.J.	775
S.C.	
 stated as follows:—
 "The judiciary has its own particular ambit of functions under the Constitution. Mainly, it deals with justiciable controversies between citizen and citizen or the citizen and the State and matters pertaining thereto. Such matters have nothing to do with matters of State policy. Viewing the matter from another angle, as to the nature of any relief that could properly be claimed in proceedings of this nature, I ask whether it could be said that the Courts could be called upon to pronounce adversely or otherwise on what the Government proposed to do on any matter of policy which it was in the course of formulating. It would seem that that would be an attempted interference with matters which are part of the functions of the Executive and no part of the functions of the judiciary. From a practical standpoint alone, what action would be open to the Courts? The Courts could clearly not state that any particular policy ought not to be pursued.
 The Constitution goes further in indicating how far the policies involved in government decisions as to policy such as this are removed from the purview of the Courts in that it makes the Government responsible to the Dáil which can support or oppose those policies and review them. Ultimately, there is the responsibility of the Government to the people who must be consulted by way of referendum where any change of the Constitution is contemplated."
 Griffin J., in the course of his judgment in that case, at p. 370, stated as follows:—
 "In the event of the Government acting in a manner which is in contravention of some provisions of the Constitution, in my view it would be the duty and the right of the Courts, as guardians of the Constitution, to intervene when called upon to do so if a complaint of a breach of any of the provisions of the Constitution is substantiated in proceedings brought before the Courts."
 I do not consider that it has been established that adherence by the State to the terms of Article 30 of the SEA amounts, in the words of FitzGerald C.J., "to a clear disregard by the Government of the powers and duties conferred on it by the Constitution." Furthermore, I interpret the decision of Griffin J. in  Boland v. An Taoiseach  [1974] I.R. 338 as being consistent with the view already expressed by me that where an individual person comes before the Courts and establishes that action on the part of the Executive has breached or threatens to breach one or other of his constitutional rights that the Courts must intervene to protect those rights but that otherwise they can not and should not.
 I, therefore, am satisfied that this appeal on this issue should be dismissed.

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	776
S.C.	

Walsh J.
 This part of the proceedings deals only with Title III of the Single European Act. The heading of that title is "Provisions on European cooperation in the sphere of foreign policy." This title is not included in the European Communities (Amendment) Act, 1986. Neither is the preamble to the Single European Act incorporated in or referred to by the said Act. The terms of the preamble are however relevant to the issue now before the Court concerning Title III. In its first paragraph the preamble refers to the will to continue work to transform relations between the Member States of the European Communities into a European Union. It goes on to say that the signatories are resolved to implement "this European Union" firstly on the basis of the Communities operating according to their own rules and, secondly, of European Cooperation among the Signatory States "in the sphere of foreign policy" and to invest this union "with the necessary means of action". It is abundantly clear, and indeed was not contested in the present case, that so far as Ireland is concerned the creation of a European Union which would include Ireland would require an amendment of the Constitution. Title III of the Single European Act, which in reality is itself a separate treaty although not so in form, does not purport to create a European Union; but on the other hand openly acknowledges that such is the objective.
 The preamble goes on to state that the parties are determined "to work together to promote democracy on the basis of the fundamental rights recognised in the constitutions and laws of the Member States, in the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, notably freedom, equality and social justice." So far as the latter aspirations are concerned no objection could be taken to them having regard to the fact that the preamble of the Constitution of Ireland sets out that one of the aims of the Constitution is to safeguard the dignity and freedom of the individual and to assist in establishing concord with other nations. Article 5 of the Constitution says that Ireland is a sovereign, independent and democratic state. Article 29, s. 1 of the Constitution contains the affirmation that Ireland is devoted to the ideal of peace and friendly co-operation amongst nations founded on international justice and international morality (see the Irish language text of the Constitution).
 The preamble to the Single European Act further refers to "the responsibility incumbent upon Europe to aim at speaking ever increasingly with one voice and to act with consistency and solidarity in order more effectively to protect its common interests and independence, in particular to display the principles of democracy and compliance with the law and with human rights to which they are attached, so that together they may make their own contribution to the preservation of international peace and security in accordance with the undertaking entered into by them within the

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	777
S.C.	
 framework of the United Nations Charter." The sentiments there expressed are also unexceptionable as a general objective of the European Community and of the individual Member States, and as such would appear to be in no way incompatible with the aims and aspirations of the Constitution in those fields.
 It is however the treaty provisions set out in Title III which have given rise to the plaintiff's claim for an order to restrain the Government from ratifying the treaty already executed by them. Article 33, s. 1 of the Single European Act provides that it will be ratified "by the High Contracting Parties in accordance with their respective constitutional requirements." In essence therefore this part of the case is concerned with whether or not, as a matter of Irish law, the method of ratification proposed by the Government is in accordance with the Constitution, namely, whether it can now be ratified on the basis that its terms have been approved in their entirety by Dáil Éireann  in accordance with Article 29, s. 5, sub-s. 2 of the Constitution.
 This brings me to a consideration of the relevant provisions of the Constitution and the treaty-making powers of the executive organ of government (the "Government"). Article 6 of the Constitution refers to "all powers of government" and goes on to differentiate between the legislative, executive and judicial organs of government. It refers to the powers of government as being derived "under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good." It must follow therefore that all the powers of government are to be exercised according to the requirements of the common good. Section 2 of the same Article provides that these powers of government are exercisable"only by or on the authority of the organs of State established by this Constitution." So far as external or foreign relations are concerned Article 29, s. 4, sub-s. 1 of the Constitution provides that "the executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government." Article 28, s. 2 provides that "the executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government."
 The Constitution confers upon the Government the whole executive power of the State, subject to certain qualifications which I will deal with later, and the Government is bound to take care that the laws of the State are faithfully executed. In its external relations it has the power to make treaties, to maintain diplomatic relations with other sovereign States. The Government alone has the power to speak or to listen as a representative of the State in its external relations. It is the Government alone which negotiates and makes treaties and it is the sole organ of the State in the field of international affairs. For these functions it does not require as a basis for

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	778
S.C.	
 their exercise an Act of the Oireachtas. Nevertheless the powers must be exercised in subordination to the applicable provisions of the Constitution. It is not within the competence of the Government, or indeed of the Oireachtas, to free themselves from the restraints of the Constitution or to transfer their powers to other bodies unless expressly empowered so to do by the Constitution. They are both creatures of the Constitution and are not empowered to act free from the restraints of the Constitution. To the judicial organ of government alone is given the power conclusively to decide if there has been a breach of constitutional restraints.
 The powers of external sovereignty on the part of the State do not depend on the affirmative grant of this in the Constitution. They are implicit in the provisions of Article 5 of the Constitution. The State would not be completely sovereign if it did not have in common with other members of the family of nations the right and power in the field of international relations equal to the right and power of other states. These powers of the State include the power to declare war or to participate in a war, to conclude peace, to make treaties, and maintain diplomatic relations with other states.
 However the exercise of the power is limited. In the first instance the Government alone has the power, as already mentioned, to speak and listen as the representative of the State, and, subject to the constitutional restraints, to make treaties. Article 28, s. 3, sub-s. 1 of the Constitution provides that war shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann . That is one express constitutional prohibition on the exercise by the Government of its powers in its international relations. So far as treaties or international agreements are concerned Article 29, ss. 5 and 6 deal further with the matter. They provide that (a) every international agreement to which the State becomes a party shall be laid before Dáil Éireann , (b) the State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann  (save where the agreements or conventions are of a technical and administrative character) and (c) no international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas. As a general rule neither the Government nor the Oireachtas can be restrained until their intentions are translated into acts. In proper cases they are subject to judicial cognisance, and judicial review and restraint. Thus statements of the Government policy as such are not restrainable by the Courts. But if the policies are translated, for example, into treaties then different considerations arise.
 In the present case counsel for the defendants submitted that even in the case of treaties the Courts are not empowered to interfere unless the treaties are translated into domestic legislation. To do so, the defendants asserted, would be for one of the organs of State to trespass upon the

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	779
S.C.	
 functions of another in a manner unauthorised by the Constitution. The defendants relied upon the decision of the former Supreme Court of Justice in  Buckley and Others (Sinn Féin) v. Attorney General  [1950] I.R. 67 in support of this proposition. That was a case in which legislation was impugned. The power to review legislation is expressly granted by the Constitution. What the Court was doing in that case was to interfere in what it regarded and described at p. 84 of the report as "an unwarrantable interference by the Oireachtas with the operation of the Courts in a purely judicial domain." It does not follow from that conclusion that the actions of the executive can never be reviewed by the Courts even in respect of matters which are on their face apparently within the exclusive domain of the Government. It is beyond dispute and well settled in many cases that one of the functions of the Courts is to uphold the Constitution. That includes restraining the Government from freeing themselves or purporting to free themselves from the restraints of the Constitution.
 This issue was discussed at some length in this Court in the case of Boland v. An Taoiseach  [1974] I.R. 338. The subject of that litigation was what became known as the "Sunningdale Agreement", and in particular clause 5 thereof. It was held by this Court that it was not an agreement or treaty but a communiqué containing declarations and assertions of policy, and therefore was not restrainable. In the course of his judgment in that case FitzGerald C.J. at p. 362 stated:—
 "Consequently, in my opinion, the Courts have no power, either express or implied, to supervise or interfere with the exercise by the Government of its executive functions, unless the circumstances are such as to amount to a clear disregard by the Government of the powers and duties conferred upon it by the Constitution."
 O'Keeffe P. in the course of his judgment at p. 363 stated that it was clearly not within the competence of the Government to agree to depart from the terms of the Constitution. He found that the document in question was not such an agreement but simply a statement of policy. Budd J. stated, and in my view correctly so, that the Courts could clearly not state that any particular policy ought not to be pursued and was of opinion that nothing more than a declaration of policy had been made and that there was not any agreement between the parties. It is to be inferred from his judgment that if an agreement were in existence different considerations would apply. Griffin J. in his judgment was also of opinion that the stage had not been reached in that case where the Courts could intervene as no formal agreement had been reached between the parties, and furthermore that if the contemplated agreement were reached it would have led to legislation which itself could be the subject of a constitutional challenge in the Courts. Pringle J. agreed that the appeal in that case should be dismissed for the reasons stated in the judgments, and that the Courts had no power to interfere with the exercise

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	780
S.C.	
 by the Government of its executive functions in the circumstances relied upon by the plaintiff. That, as I understand it, meant that Pringle J. was in agreement with his colleagues that nothing beyond the pronouncemment of a policy had taken place and that therefore the Courts could not intervene at that stage.
 What is at issue in the present case is not simply a declaration of policy but an actual treaty. As it will obviously involve a charge upon the public funds the requirement of the Constitution in Article 29, s. 5, sub-s. 2, that it should be approved by Dáil Éireann , has been complied with. The State is not yet bound by this Treaty even though it has been laid before Dáil Éireann  because its binding effect depends upon ratification in accordance with Irish "constitutional requirements". The question therefore is whether the State in attempting to ratify this Treaty is endeavouring to act free from the restraints of the Constitution.
 The object of this Treaty, so far as Ireland is concerned, is to bind this State in its relations with the other Member States of the European Communities. Adherence to the Treaty, or indeed the Treaty itself, is not in any sense an obligation arising from or necessitated by membership of the European Communities. I do not accept the submission made on behalf of the defendants that unless and until the terms of the Treaty are translated into domestic legislation the Court has no competence in the matter. In international law the State in entering into a treaty must act in good faith. That is why the provision in the Treaty itself for ratification in accordance with the constitutional requirements of this State is so important. If some part or all of the Treaty were subsequently translated into domestic legislation and found to be unconstitutional it would avail the State nothing in its obligations to its fellow members. It would still be bound by the Treaty. Therefore if the ratification of this Treaty under the Irish Constitution requires a referendum to amend the Constitution to give effect to it, the fact that the State did not hold a referendum would not prevent the State from being bound in international law by the Treaty. If a referendum were to be held or had been held and the Treaty were rejected then the State would not be in breach of its international obligations because it would not have ratified the Treaty. It is not for the other states to the Treaty to satisfy themselves that the Government of Ireland observed its own constitutional requirements. This is solely a matter for the Government of Ireland and if it fails to take the necessary steps, the State cannot afterwards be heard to plead that it is not bound by the Treaty.
 The Treaty does not purport to commit the State to agreeing to the establishment of a European Union of which Ireland would be a part. That is manifestly something to which the Government could not commit the State. What the Treaty does is to commit the State to pursuing a policy which has, inter alia, as one of its objectives the transformation of the

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	781
S.C.	
 relations of Ireland with the other Member States of the European Communities into a European Union. If this were simply a unilateral statement of policy on the part of the Government or part of a multilateral declaration of policy to the like end it could not be called into question in this Court. As was pointed out by Budd J. in  Boland v. An Taoiseach  [1974] I.R. 338 at p. 366 it would, as such, be outside "the purview of the Courts in that it makes the Government responsible to the Dáil which can support or oppose those policies and review them." The present Treaty provisions go much further than that and, notwithstanding that, they have been approved by Dáil Éireann . As was pointed out in the decision of the Court in the first part of this case the essential nature of sovereignty is the right to say yes or to say no. In the present Treaty provisions that right is to be materially qualified.
 It commits the State, and therefore all future Governments and the Oireachtas, to the other Member States to do the following things:—
 1. To endeavour to formulate and to implement a European foreign policy.
 2. To undertake to inform or consult the other Member States on any foreign policy matters of general interest (not just of common interest) so as to ensure that the combined influence of the States is exercised as effectively as possible through co-ordination, the convergence of their positions and the implementation of joint action.
 3. In adopting its position and in its national measures the State shall take full account of the position of the other Member States and shall give due consideration to the desirability of adopting and implementing common European positions.
 4. The State will ensure that with its fellow Member States common principles and objectives are gradually developed and defined.
 5. The State shall endeavour to avoid any action or position which impairs the effectiveness of the Community States as a cohesive force in international relations or within international organisations.
 6. The State shall so far as possible refrain from impeding the formation of a consensus and the joint action which this could produce.
 7. The State shall be ready to co-ordinate its position with the position of the other Member States more closely on the political and economic aspects of security.
 8. The State shall maintain the technological and industrial conditions necessary for security of the Member States and it shall work to that end at national level and, where appropriate, within the framework of the competent institutions and bodies.
 9. In international institutions and at international conferences which the State attends it shall endeavour to adopt a common position with the other Member States on subjects covered by Title III.
 10. In international institutions and at international conferences in which

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	782
S.C.	
 not all of the Member States participate the State, if it is one of those participating, shall take full account of the positions agreed in European Political Cooperation.
 One other matter expressed in somewhat ambiguous terms at Article 6 (c) in Title II is as follows:—
 "Nothing in this Title shall impede closer cooperation in the field of security between certain of the High Contracting Parties within the framework of the Western European Union or the Atlantic Alliance."
 One interpretation of that is that the Member States who are members of the Western European Union or the Atlantic Alliance (Ireland is not a member of either) can develop their own co-operation in those fields without being impeded by anything in Title III of this Treaty. However, it can also amount to an undertaking on the part of this State that in the exercise of whatever powers it may have under Title III it shall do nothing to impede such co-operation in the field of security in the framework of the Western European Union or the Atlantic Alliance on the part of those Member States which belong to those institutions.
 All of these matters impinge upon the freedom of action of the State not only in certain areas of foreign policy but even within international organisations such as the United Nations or the Council of Europe. That latter effect of the Treaty could amount to the establishment of combinations within these organisations. In touching upon the maintenance of the technological and industrial conditions necessary for security the Treaty impinges upon the State's economic, industrial and defence policies. The obligation on the High Contracting Parties after five years to examine whether any revision of Title III is required does not give the Treaty a temporary character.
 I mentioned earlier in this judgment that the Government is the sole organ of the State in the field of international relations. This power is conferred upon it by the Constitution which provides in Article 29, s. 4 that this power shall be exercised by or on the authority of the Government. In this area the Government must act as a collective authority and shall be collectively responsible to Dáil Éireann  and ultimately to the people. In my view it would be quite incompatible with the freedom of action conferred on the Government by the Constitution for the Government to qualify that freedom or to inhibit it in any manner by formal agreement with other States as to qualify it. This view is, in my opinion, corroborated by the provisions of Article 29, s. 4, sub-s. 2 of the Constitution which provides:—
 "For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.	783
S.C.	
 purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern."
 The history of this particular provision is too well known to require elaboration but the wording is such that for the particular purpose of that provision the European Economic Community is in my view such a group or league of nations with which the State is associated for the purpose of international co-operation in matters of common concern. However the limitations are very clear. This provision relates solely to the exercise of the executive functions of this State in its external relations and is subject to such conditions, if any, as may be determined by law. Furthermore it simply provides for the adoption of any organ or instrument or method of procedure for the exercise of the executive functions of the State. It does not require prior consultation with any other State as to the policy itself. It also provides that there must be enabling legislation. The framers of the Constitution, and the people in enacting it, clearly foresaw the possibility of being associated with groups of nations for the purpose of international co-operation in matters of common concern and they provided for the possibility of the adoption of a common organ or instrument. Equally clearly they refrained from granting to the Government the power to bind the State by agreement with such groups of nations as to the manner or under what conditions that executive function of the State would be exercised.
 In enacting the Constitution the people conferred full freedom of action upon the Government to decide matters of foreign policy and to act as it thinks fit on any particular issue so far as policy is concerned and as, in the opinion of the Government, the occasion requires. In my view, this freedom does not carry with it the power to abdicate that freedom or to enter into binding agreements with other States to exercise that power in a particular way or to refrain from exercising it save by particular procedures, and so to bind the State in its freedom of action in its foreign policy. The freedom to formulate foreign policy is just as much a mark of sovereignty as the freedom to form economic policy and the freedom to legislate. The latter two have now been curtailed by the consent of the people to the amendment of the Constitution which is contained in Article 29, s. 4, sub-s. 3 of the Constitution. If it is now desired to qualify, curtail or inhibit the existing sovereign power to formulate and to pursue such foreign policies as from time to time to the Government may seem proper, it is not within the power of the Government itself to do so. The foreign policy organ of the State cannot, within the terms of the Constitution, agree to impose upon itself, the State or upon the people the contemplated restrictions upon freedom of action. To acquire the power to do so would, in my opinion, require a recourse to the people "whose right it is" in the words of Article 6 ". . . in final appeal, to decide all questions of national policy, according to the requirements of the common good." In the last analysis it is the people

[1987]
1 I.R.	Crotty v. An Taoiseach
Walsh J.; Henchy J.	784
S.C.	
 themselves who are the guardians of the Constitution. In my view, the assent of the people is a necessary prerequisite to the ratification of so much of the Single European Act as consists of title III thereof. On these grounds I would allow this appeal.

Henchy J.
 The Single European Act ("the SEA") is something of a misnomer, for it is a treaty rather than an instrument with the legislative connotations usually attaching to an Act. As a treaty it has a dual purpose: (1) to amend and supplement the Treaties on which the European Communities are founded; and (2) to put on a formal basis co-operation between the Member States in the field of foreign policy. It is with the latter objective, which is dealt with in Title III of the SEA, that we are concerned in this part of the plaintiff's appeal.
 Title III (which is headed "Provisions on European cooperation in the sphere of foreign policy") deals with matters which are outside the scope of the existing treaties. This is evidenced by the two opening paragraphs of the preamble to the SEA:—
 "MOVED by the will to continue the work undertaken on the basis of the Treaties establishing the European Communities and to transform relations as a whole among their States into a European Union, in accordance with the Solemn Declaration of Stuttgart of 19 June 1983,
 RESOLVED to implement this European Union on the basis, firstly, of the Communities operating in accordance with their own rules and, secondly, of European Cooperation among the Signatory States in the sphere of foreign policy and to invest this union with the necessary means of action."
 It is clear, therefore, that, so far as Title III is concerned, Ireland's constitutional authority for ratifying the SEA is not to be found in Article 29, s. 4, sub-s. 3 of the Constitution, which is the constitutional amendment which allowed Ireland to become a member of the European Communities. One must look elsewhere in the Constitution to see if there are express or implied provisions which would make Ireland's ratification of Title III consistent with the Constitution.
 It is first necessary to make clear the scope and objective of Title III, all of which is contained in Article 30 of the SEA. Article 30, s. 1 provides that the Member States of the European Communities "shall endeavour to formulate and implement a European foreign policy." Thus, unlike the main part of the SEA, Article 30 is not intended to be an amendment of the existing Treaties but sets the Member States on a course leading to an eventual European Union in the sphere of foreign policy. Pending the attainment of that objective, which is outside the stated aims of the existing Treaties, the Member States become bound to formulate and conduct their

[1987]
1 I.R.	Crotty v. An Taoiseach
Henchy J.	785
S.C.	
 foreign policy according to the terms stated in Article 30. What had been no more than an objective declared by the Stuttgart Declaration of 1983 is now to become a matter of solemn treaty.
 The essence of this fundamental transformation in the relations between the Member States of the European Communities is that they are no longer to have separate foreign policies but are, as far as possible, to merge their national foreign policies in a European (i.e. Community) foreign policy and to work together in the manner indicated, so as to implement what is called European Political Cooperation, with a view to achieving eventual European union.
 The principal courses of conduct to which the High Contracting Parties bind themselves are set out in s. 2 of Article 30:—
 "(a) The High Contracting Parties undertake to inform and consult each other on any foreign policy matters of general interest so as to ensure that their combined influence is exercised as effectively as possible through coordination, the convergence of their positions and the implementation of joint action.
 (b) Consultations shall take place before the High Contracting Parties decide on their final position.
 (c) In adopting its positions and in its national measures each High Contracting Party shall take full account of the positions of the other partners and shall give due consideration to the desirability of adopting and implementing common European positions.
 In order to increase their capacity for joint action in the foreign policy field, the High Contracting Parties shall ensure that common principles and objectives are gradually developed and defined.
 The determination of common positions shall constitute a point of reference for the policies of the High Contracting Parties.
 (d) The High Contracting Parties shall endeavour to avoid any action or position which impairs their effectiveness as a cohesive force in international relations or within international organizations."
 Without going further into Article 30, it is clear from those provisions that once the Member States ratify this Treaty each state's foreign policy will move from a national to a European or Community level. Apart from becoming bound to endeavour jointly to formulate and implement a European foreign policy, each Member State will become specifically bound to inform and consult its fellow-members, to refrain from deciding on a final position as to an issue of foreign policy without prior consultations, to take full account of the positions of the other partners in adopting its positions and in its national measures, to ensure that common principles and objectives are gradually developed and defined, and to recognise that the determination of common positions shall constitute a point of reference.

[1987]
1 I.R.	Crotty v. An Taoiseach
Henchy J.	786
S.C.	

 Those and other commitments expressed in Article 30 make manifest that, although the approach to the ultimate aim of European Union is to be reached by a pathway of gradualism, each Member State will immediately cede a portion of its sovereignty and freedom of action in matters of foreign policy. National objectives and ideological positions must defer to the aims and decisions of an institution known as European Political Cooperation, which is to work in tandem with the European Communities. A purely national approach to foreign policy is incompatible with accession to this Treaty. The methods of co-operation between the Member States, which hitherto have been informal, aspirational or, at most, declaratory (as under the Stuttgart Declaration), now pass into a realm of solemnly covenanted commitment to the conduct of foreign policy in a way that will lead to European political union, at least in the sphere of foreign policy. In that respect, Title III of the SEA is the threshold leading from what has hitherto been essentially an economic Community to what will now also be a political Community.
 In the case of Ireland, it is proposed that this transformation be effected not by any amendment of the Constitution, nor by any statutory change in the domestic law, but by simply depositing an instrument of ratification of the SEA. The fundamental and far-reaching changes in the conduct of the State's foreign policy to which I have referred would thus be effected by the Government, without reference to the people and without an Act of parliament. Counsel for the Government has sought to justify this approach by submitting that, because Article 29, s. 4, sub-s. 1 of the Constitution has committed the conduct of foreign policy to the Government, the Courts are not entitled to control the Government in the way it decides to conduct foreign policy. It is therefore contended that the plaintiff's claim is ill-founded.
 I am unable to accept the submission that the powers of Government in the conduct of foreign policy are not amenable to control by the Courts. It is true that Article 29, s. 4, sub-s. 1 of the Constitution provides that "the executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government." However, when one turns to Article 28 one finds that s. 2 of that Article clarifies the position by declaring that "the executive power of the State shall, subject to the provisions of this Constitution,be exercised by or on the authority of the Government." (Emphasis added). It follows, therefore, that in the conduct of the State's external relations, as in the exercise of the executive power in other respects, the Government is not immune from judicial control if it acts in a manner or for a purpose which is inconsistent with the Constitution. Such control is necessary to give effect to the limiting words "subject to the provisions of this Constitution."
 In testing the constitutional validity of the proposed ratification of the

[1987]
1 I.R.	Crotty v. An Taoiseach
Henchy J.	787
S.C.	
 SEA (insofar as it contains Title III) it is important to note that the Constitution at the very outset declares as follows in Article 1:—
 "The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right . . . to determine its relations with other nations . . . in accordance with its own genius and traditions."
 It appears to me that this affirmation means that the State's right to conduct its external relations is part of what is inalienable and indefeasible in what is described in Article 5 as "a sovereign, independent, democratic State." It follows, in my view, that any attempt by the Government to make a binding commitment to alienate in whole or in part to other states the conduct of foreign relations would be inconsistent with the Government's duty to conduct those relations in accordance with the Constitution.
 The ultimate source and limits of the Government's powers in the conduct of foreign relations are to be found in Article 6, s. 1 of the Constitution:—
 "All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good."
 It follows that the common good of the Irish people is the ultimate standard by which the constitutional validity of the conduct of foreign affairs by the Government is to be judged. In this and in a number of other respects throughout the Constitution the central position of the common good of the Irish people is stressed as one of the most fundamental characteristics of Ireland as a sovereign, independent, democratic state.
 A perusal of Title III of the SEA satisfies me that each ratifying Member State will be bound to surrender part of its sovereignty in the conduct of foreign relations. That is to happen as part of a process designed to formulate and implement a European foreign policy. The freedom of action of each state is to be curtailed in the interests of the common good of the Member States as a whole. Thus, for example, in regard to Ireland, while under the Constitution the point of reference for the determination of a final position on any issue of foreign relations is the common good of the Irish people, under Title III the point of reference is required to be the common position determined by Member States. It is to be said that such a common position cannot be reached without Ireland's consent, but Title III is not framed in a manner which would allow Ireland to refuse to reach a common position on the ground of its obligations under the Irish Constitution. There is no provision in the Treaty for a derogation by Ireland where its constitutional obligations so require. On the contrary, Title III expressly provides:—
 "In adopting its positions and in its national measures [which presumably would include Acts of the Oireachtas] each High

[1987]
1 I.R.	Crotty v. An Taoiseach
Henchy J.	788
S.C.	
 Contracting Party shall take full account of the positions of the other partners and shall give due consideration to the desirability of adopting and implementing common European positions."
 Thus, if the other Member States were to take up a common position on an issue of external relations, Ireland, in adopting its own position and in its national measures, would be bound by Title III to "take full account" of the common position of the other Member States. To be bound by a solemn international treaty to act thus is, in my opinion, inconsistent with the obligation of the Government to conduct its foreign relations according to the common good of the Irish people. In this and in other respects Title III amounts to a diminution of Ireland's sovereignty which is declared in unqualified terms in the Irish Constitution.
 It is urged on behalf of the Government that the changes in existing inter-state relations effected by Title III are slight, that it does little more than formalise existing practices and procedures by converting them into binding obligations. This, I fear, is to underestimate the true nature in international law of a treaty as distinct from a mere practice or procedure, and to misinterpret the commitments for the future involved in Title III. As a treaty, Title III is not designed in static terms. It not alone envisages changes in inter-state relations, but also postulates and requires those changes. And the purpose of those changes is to erode national independence in the conduct of external relations in the interests of European political cohesion in foreign relations. As I have pointed out, the treaty marks the transformation of the European Communities from an organisation which has so far been essentially economic to one that is to be political also. It goes beyond existing arrangements and practices, in that it establishes within the framework of the Communities new institutions and offices (such as European Political Cooperation, the Political Director and the Political Committee) and charts a route of co-ordination, by means such as working parties, a secretariat and regular meetings, so as to give impetus to the drive for European unity.
 All this means that if Ireland were to ratify the Treaty it would be bound in international law to engage actively in a programme which would trench progressively on Ireland's independence and sovereignty in the conduct of foreign relations. Ireland would therefore become bound to act in a way that would be inconsistent with the Constitution. The Government's constitutional mandate requires it to act in accordance with the Constitution. In proposing to ratify this treaty it is in effect seeking to evade that obligation and to substitute for it an obligation, or a series of obligations, in international law which cannot be reconciled with the constitutional obligations.
 There is, of course, nothing in the Constitution to prevent the Government, or any person or group or institution, from advocating or campaigning for or otherwise working for a change in the Constitution. Likewise there

[1987]
1 I.R.	Crotty v. An Taoiseach
Henchy J.; Griffin J.	789
S.C.	
 does not appear to be any constitutional bar to a non-binding arrangement by the State to consult with other states in the conduct of its foreign policy. It is quite a different matter when, as here, it is proposed that the State be bound by an international treaty which requires the State to act in the sphere of foreign relations in a manner which would be inconsistent with constitutional requirements. What would be an imperative under international law would be proscribed under the Constitution. In such circumstances it is the Constitution that must prevail.
 For the foregoing reasons I am of the opinion that, without the appropriate constitutional amendment, the ratification of the SEA (insofar as it contains Title III) would be impermissible under the Constitution. I would declare accordingly.

Griffin J.
 I agree with the judgment delivered by the Chief Justice. I should like however to add some observations of my own.
 Title III, although included in the Single European Act (SEA), and set out in Article 30 in that Act, is effectively a separate treaty between the twelve countries who are the Member States of the European Communities. They are referred to throughout that Title as the High Contracting Parties ("the parties"), the designation usually applied to states in international treaties. The long term aim and objective of Title III is the formation of a European union. It is not in issue that if the State were to join such a union, a constitutional amendment would be necessary, but a European union is neither sought to be created nor is it created by the Treaty.
 There has been European Political Cooperation (EPC) since October, 1970, (prior to the entry of the State to the Communities), when the first report of the Foreign Ministers of the Members States was adopted at Luxembourg. In that report the governments undertook to co-operate in the field of foreign policy by consulting regularly, harmonising views and opinions, concerting attitudes, and, where possible, undertaking joint action. There were three subsequent reports in 1973, 1981 and 1983, and Article I of the SEA provided that political co-operation should be governed by Title III and that the provisions of that Title should confirm and supplement the procedures agreed in the four reports and the practicesgradually established among the Member States. The purpose of Title III — which is entitled "Treaty Provisions on European Cooperation in the sphere of foreign policy" — appears to be to formalise the procedures and practices of the EPC and to do so by means of a treaty. By virtue of Article 32 of the SEA, nothing in Title III is to affect the Treaties establishing the Communities, so it does not purport to amend the Treaties in any way.
 Details or summaries of the provisions of Article 30 have been included in the judgments already delivered and I do not propose to repeat them, although I will refer to some of those provisions. The language used in

[1987]
1 I.R.	Crotty v. An Taoiseach
Griffin J.	790
S.C.	
 Article 30 would appear to have been chosen with extreme care to ensure that the obligations of the parties under the treaty would permit the utmost freedom of action to each of the parties in the sphere of foreign policy, and is in stark contrast to that used in Title II. For example, the parties are to endeavour to formulate and implement a foreign policy; to inform andconsult each other on foreign policy matters; consultations are to take place before deciding on their final position; they are to endeavour to avoid any action or position which impairs their effectiveness as a cohesive force; they are as far as possible to refrain from impeding a consensus; in international institutions and at international conferences they are to endeavour to adoptcommon positions on the subjects covered by the Title, and where not all the parties participate in such institutions or conferences, they are to take full account of positions agreed in EPC. On security, the parties are expressed to be ready to co-ordinate their positions more closely on the political and economic aspects of security — military and defence aspects of security are not included and in my view should accordingly be considered to be excluded. Under clause 6 (c) nothing in Title III is to impede closer co-operation in the field of security between certain of the parties within the framework of the Western European Union or the Atlantic Alliance — this provision would appear clearly to have been inserted to ensure that the declared stand on neutrality and military alliances taken by the State is fully respected, as the State is the only party which is not a member of either alliance, although four other parties are also not members of the Western European Union.
 Having regard to the terms in which the provisions of Title III are expressed, I am in complete agreement with the Chief Justice in concluding that those provisions do not impose any obligations to cede any sovereignty or national interest in the field of foreign policy, nor do they in any way allow a decision of the State on any issue of foreign policy to be overridden or vetoed. The Treaty, being an international agreement to which the State is a party, has been laid before and been approved by Dáil Éireann  in compliance with the provisions of Article 29, s. 5, sub-ss. 1 and 2 of the Constitution. The Government is therefore, in my opinion, as the organ of government by which the executive power of the State is to be exercised pursuant to Article 29, s. 4 of the Constitution, entitled to ratify the Treaty without the necessity of an amendment of the Constitution.
 However, there remains, as the Chief Justice pointed out in his judgment, an issue of a fundamental nature, i.e., as to whether the Court is entitled, at the instance of the plaintiff, to prevent the Government from ratifying the Treaty. In presenting the argument on behalf of the plaintiff, his counsel Mr. Browne, in relation to Title III, based his right to seek the intervention of this Court to prevent ratification of the Treaty on an apprehension on the part of the plaintiff that Title III would affect the independence of the State in relation to foreign policy, even though, as he

[1987]
1 I.R.	Crotty v. An Taoiseach
Griffin J.	791
S.C.	
 put it, the Treaty had not become part of the domestic law of the State under Article 29, section 6. This brings into question the power of the Court to intervene in the acts of the Executive and inevitably to consideration of the separation of powers provided for in the Constitution.
 Article 6 of the Constitution reads as follows:—
 "1. All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.
 2. These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution."
 The effect of this Article has been considered and interpreted in a number of cases, which include  Buckley and Others (Sinn Féin) v. Attorney General  [1950] I.R. 67 and  Boland v. An Taoiseach  [1974] I.R. 338. In Buckley's Case  O'Byrne J. delivered the judgment of the Court and said at p. 81 that the object of Article 6 was:—
 ". . . to recognise and ordain that, in this State, all powers of government should be exercised in accordance with the well-recognised principle of the distribution of powers between the legislative, executive and judicial organs of the State and to require that these powers should not be exercised otherwise. The subsequent articles are designed to carry into effect this distribution of powers."
 Under Article 15, s. 2, sub-s. 1 the Oireachtas is the organ of State in which the sole and exclusive power of making laws is vested. Article 15, s. 4, sub-s. 1 provides that the Oireachtas shall not enact any law which is in any respect repugnant to the Constitution or to any provision thereof; and sub-s. 2 of that section provides that every law enacted by the Oireachtas which is in any respect repugnant to the Constitution or to any provision thereof shall, but to the extent only of such repugnancy, be invalid. Under Article 34, s. 1 the judicial power of government can be exercised only by judges duly appointed in the manner provided by the Constitution in courts established by law under the Constitution. The High Court and this Court on appeal from the High Court are by Article 34, s. 3, sub-s. 2 expressly given jurisdiction to examine the validity of any law enacted under Article 15 which may be challenged as being repugnant to the Constitution or to any provision thereof. If the challenged Act or any provision thereof is found to be invalid by the High Court or by this Court, the Court so finding is bound to declare that the impugned Act or provision thereof is invalid. Those Articles provide the only power given to the Courts by the Constitution to declare invalid legislation enacted by the Oireachtas.
 In the case of a Bill referred to this Court by the President, pursuant to Article 26 of the Constitution, for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are

[1987]
1 I.R.	Crotty v. An Taoiseach
Griffin J.	792
S.C.	
 repugnant to the Constitution or to any provision thereof, this Court is by Article 26, s. 2, sub-s. 1 given express power, and has the duty, to consider such question and pronounce its decision on such question. This is the only power given to any Court to consider a Bill which has not yet become law.
 In my opinion, the Courts have no power, either express or implied, to interfere with the Oireachtas in the course of the passage of a Bill, and all efforts seeking to prevent by Court interference the introduction or passage of a Bill have failed, the most recent example being the unsuccessful attempt by the plaintiff in this case to prevent the introduction of the European Communities (Amendment) Bill, 1986.
 Article 28, s. 2 provides that the executive power of the State shall, subject to the provisions of the Constitution, be exercised by or on the authority of the Government. Under s. 4, sub-s. 1 of Article 28 the Government shall be responsible to Dáil Éireann . Article 29, s. 4, sub-s. 1 provides that the executive power of the State in or in connection with its external relations shall in accordance with Article 28 of the Constitution be exercised by or on the authority of the Government.
 No express power is given by the Constitution to the Courts to interfere in any way with the Government in exercising the executive power of the State. However, the Government, and all of its members and the administration in respect of which the members are responsible, are subject to the intervention of the Courts to ensure that in their actions they keep within the bounds of lawful authority. Where such actions infringe or threaten to infringe the rights of individual citizens or persons, the Courts not only have the right to interfere with the executive power but have the constitutional obligation and duty to do so. But that right to interfere arises only where the citizen or person who seeks the assistance of the Courts can show that there has been an actual or threatened invasion or infringement of such rights.
 As stated earlier, the executive power of the State in or in connection with its external relations shall, in accordance with Article 28, be exercised by or on behalf of the Government. Under Article 29, s. 5, sub-s. 1 every international agreement to which the State becomes a party shall be laid before Dáil Éireann , and under sub-s. 2 of that section the State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann , Dáil Éireann  being the body to which the Government is expressly answerable under Article 28, s. 4, sub-s. 1. The constitutional scheme in respect of international agreements would appear therefore to be that the Government, exercising the executive power, may enter into international agreements, but such agreements must be laid before Dáil Éireann , and if the agreement involves a charge on public funds, the State is not to be bound by the agreement unless the terms of the agreement have been approved of by Dáil Éireann .

[1987]
1 I.R.	Crotty v. An Taoiseach
Griffin J.	793
S.C.	

 The power of the Court to interfere with the exercise by the Government of the executive power of the State was considered by this Court in Boland v. An Taoiseach  [1974] I.R. 338. FitzGerald C.J., having referred to the statement of O'Byrne J. in  Buckley & Others (Sinn Féin) v. Attorney General  [1950] I.R. 67 and to the separation of the executive, legislative and judicial powers of government in Article 6 of the Constitution, said at p. 362:—
 "Consequently, in my opinion, the Courts have no power, either express or implied, to supervise or interfere with the exercise by the Government of its executive functions, unless the circumstances are such as to amount to a clear disregard by the Government of the powers and duties conferred upon it by the Constitution."
 And in the same case, I said at p. 370:—
 "Counsel for the defendants argued that in no circumstances may the Courts interfere with the Government in the exercise of its executive functions. For the purpose of this action it is not necessary to determine this question in the form in which the argument was made, as the defendants need only show that the Courts cannot and should not intervene having regard to the circumstances of the present case. In the event of the Government acting in a manner which is in contravention of some provisions of the Constitution, in my view it would be the duty and right of the Courts, as guardians of the Constitution, to intervene when called upon to do so if a complaint of a breach of any of the provisions of the Constitution is substantiated in proceedings brought before the Courts."
 I see no reason to resile from what is stated in that passage, which was said in the context of an unqualified submission by counsel for the defendants that it is no part of the function of the judicial organ of the State to interfere with the Government in the exercise by it of the executive power of the State. In that case, in discussions arising out of that submission, members of the Court put to counsel for the defendants the example of a declaration of war by the Government without the assent of Dáil Éireann , in clear breach of the provisions of Article 28, s. 3 of the Constitution, as being a circumstance in which the Court would be bound to intervene to protect a citizen against what would undoubtedly be an invasion of his rights and a justiciable matter. I fully endorse the opinion of the Chief Justice that there is nothing in the provisions of Articles 28 and 29 of the Constitution from which it would be possible to imply any general right in the Courts to interfere with the exercise of the executive power in the sphere or area of external relations, but that in any instance where the exercise of that power constitutes an actual or threatened invasion or breach of the constitutional

[1987]
1 I.R.	Crotty v. An Taoiseach
Griffin J.; Hederman J.	794
S.C.	
 rights of an individual the Courts must have both the right and the duty to intervene to protect those rights. The decision in  Boland v. An Taoiseach [1974] I.R. 338 is in my opinion consistent with that view.
 In my judgment, the plaintiff has failed to establish any such invasion or breach of any of his rights resulting from the State being a party to the Treaty the provisions of which are set out in Title III.
 I would accordingly dismiss this appeal.

Hederman J.
 I agree with the judgments of Walsh J. and Henchy J. for the reasons given by them. There is little I can usefully add.
 It appears to me that the essential point at issue is whether the State can by any act on the part of its various organs of government enter into binding agreements with other states, or groups of states, to subordinate, or to submit, the exercise of the powers bestowed by the Constitution to the advice or interests of other states, as distinct from electing from time to time to pursue its own particular policies in union or in concert with other states in their pursuit of their own similar or even identical policies.
 The State's organs cannot contract to exercise in a particular procedure their policy-making roles or in any way to fetter powers bestowed unfettered by the Constitution. They are the guardians of these powers — not the disposers of them. For the reasons already stated I would allow the appeal.
 [Editor's Note: On 25th May, 1987, in a referendum to amend the Constitution by inserting a provision approving the accession of Ireland to the Single European Act, the number of votes cast in favour of the amendment was 755,423 and the number of votes against 324,977, the amendment being thereby carried.]
 Solicitors for the plaintiff: Moylan Whitaker.
 Solicitor for the defendants: Chief State Solicitor.
Éanna  Mulloy, B.L.
[1987] I.R. 713