Contention A; Mandatory sentencing offends the doctrine of separation of powers of the legislature and the judiciary because it amounts to a sentencing power on the part of the Oireachtas.
Contention B; It offends the doctrine of proportionality enshrined in the Constitution in that it leaves a judge with no discretion.
Contention C; The men also claim they are being subjected to degrading and inhuman treatment, in contravention of Article 3 of the ECHR, by virtue of the fact that they have no way of assessing how or when their release will occur.
Why was mandatory sentencing introduced?
a vote of no confidence in the Judiciary or a power grabbing exercise by the executive or a shameless populist vote catching exercise with no logic behind it?
An occasional commentary on some aspects of criminal law in Ireland.
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