The granting or withholding of an Irish Passport does not appear to come from a Statutory origin but would appear to have originally derived from the Crown prerogative: The State (M) v Attorney General [1979] IR 73, 76 per Finlay J.

The issuing of Irish passports remains subject to administrative discretion. A condition precedent for an Irish passport is Irish citizenship. But it is no longer simply a matter of executive prerogative. The above M case in 1979 acknowledged a right to travel outside the state (not necessarily to be admitted into another country) - and thus one of the unenumerated rights in article 40.3.1 of the Constitution and therefore since a passport is practically necessary for travel outside the Common Travel Area of Great Britain and Ireland (and that itself may change), a constitutional right to a passport was established. This does not preclude the withholding or withdrawal of passports in certain circumstances; see Lennon v Ganly and Fitzgerald [1981] ILRM 84 for an instance of passports not being withdrawn - Irish rugby playing in South Africa.

There does remain an administrative discretion, but it appears to be exercisable only in the interest of the public good and public order.

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"I will submit that the economic and political crises that face this country will never be dealt with unless the culture and values of the political and administrative classes undergo profound change" (Emily O'Reilly, Ombudsman/Info Commissioner)