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Donegal South West by-election, 2010 : ウィキペディア英語版
Donegal South–West by-election, 2010

A by-election was held on 25 November 2010 in the Donegal South–West constituency in Ireland, following the election of the Fianna Fáil Teachta Dála (TD) Pat the Cope Gallagher to the European Parliament at the June 2009 election. Most voters cast their ballot on 25 November 2010; 754 voters on offshore islands (Arranmore, Tory, Inishbofin, Gola, and Inishfree) were entitled to cast their ballots on 22 November.
The government through a vote in the parliament decides when by-elections are called. With a rather tenuous majority in the parliament, the government had delayed in calling this by-election. While there is no specific legal requirement on when to hold a by-election in Ireland, they are generally held within six months of a vacancy occurring. The 17 month gap between the seat becoming vacant and the writ being moved is the longest in the history of the state.
Sinn Féin senator Pearse Doherty was elected on the fourth count.〔
==Legal challenge==
Due to the delay in the Government holding the by-election, a number of attempts to force the by-election were carried out by the Opposition. On 4 May 2010, Sinn Féin attempted to force the holding of the by-election. The next day the Government narrowly avoided a defeat in the motion calling for the by-election to be held immediately when two of their TDs accidentally voted with the opposition.
On 12 July 2010, the High Court granted leave to Sinn Féin senator Pearse Doherty for a judicial review into why the by-election was not being held. On 2 November 2010, the High Court ruled that there was an unreasonable delay in holding the by-election. In his ruling High Court President, Justice Nicholas Kearns described the delay as unprecedented and that the delay amounted to a breach of Doherty's constitutional rights. He declared that Section 30 (2) of the Electoral Act 1992 should be construed as requiring that a writ for a by-election be moved within a reasonable time of the vacancy arising.〔 He further stated that:
However, Justice Kearns did not order the Government to set a date for the by-election. The Government announced on 4 November 2010 that the by-election would be held on 25 November. They also stated that they would appeal to the Supreme Court.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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