Ban fracking – legally feasible?

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Only the courts can decide whether something is legal, (not keyboard lawyers.)  Article 28 A of the Constitution of Ireland was inserted into the Constitution in 1999, six years after the Glencar Exploration v Mayo County Council (1993 Judgement. )

CONSTITUTION OF IRELAND

August 2012

Enacted by the People 1st July, 1937
In operation as from 29th December, 1937

LOCAL GOVERNMENT

ARTICLE 28A

1 The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.

2 There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.

3 Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.

4 Every citizen who has the right to vote at an election for members of Dáil Éireann and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.

5 Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.

http://www.irishstatutebook.ie/en/constitution/index.html

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