Challenge on polygamy - A decision for the Dáil

Monday, February 08, 2010

THIS week a Muslim man will ask the High Court to force the State to recognise his polygamous marriage.

The man is an Irish citizen and he was born in the Lebanon where polygamous marriages are permitted. He has two wives.

If he was an Irish citizen born in Ireland he might face charges of bigamy.

In Ireland judges enjoy powers not common in many democracies, where a belief in the supremacy of parliament means judges cannot strike down legislation.

Irrespective of what conclusion is reached this week, it is wrong that anybody other than a national parliament should rule matters such as these. Already we have seen issues long-fingered by politicians and courts are left to make decisions more properly the responsibility of the Dáil. Why is this not surprising?

This story appeared in the printed version of the Irish Examiner Monday, February 08, 2010