An analysis of Burke v Minister for Education and Skills [2022] IESC 1

The case of Burke v Minister for Education considers many important issues in constitutional law, namely the nature and scope of executive power, the limits of judicial review and rights of education in the Constitution.1 The motion at issue was brought by two homeschooled students, Elijah Burke and Naomi Power who were left without any reasonable path to third-level education in the summer of 2020 due to a governmental calculated grade scheme which left a small cohort of Leaving Certificate students overlooked. The issues in this case not only offer fertile ground for academic discussion on the appropriate level of judicial review of executive action, but also illustrate the distinction between executive and administrative action. That is to say that the judgement of Chief Justice O’Donnell provided much-needed clarity into an area of law which has seen relatively little scrutiny, and which is riddled with complex and often competing lines of authority.

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University of Galway

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Attribution-NonCommercial-NoDerivatives 4.0 International

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School of Law (Scholarly Articles)