Abstract
Conway v An Bord Pleanála [2024] IESC 34 involved a technical issue of planning law of considerable practical importance but which did not involve any fundamental aspect of the scheme of planning controls. Nevertheless, it raised several important constitutional issues, some of which had received little prior judicial consideration. The Court’s entrenchment of the NECI approach to Article 15.2 may ensure that an area of constitutional law that has generated excessive litigation may begin to quieten down. The Court’s interpretation of Article 28A confirms the limited practical import of that provision – in terms of constraining legislative power – notwithstanding the symbolically important recognition given to local government. Of most interest, however, is the insight we can glean from Conway about the interpretative assumptions on the current Court and their implications for future constitutional development.