Two Independent TDs have initiated a legal challenge to the constitutionality of holding the general election on the basis of the current constituencies, given the huge disparities in population revealed by the census figures.
Kildare North TD Catherine Murphy and Finian McGrath from Dublin North Central have hired the State's most eminent constitutional layer, Gerard Hogan SC, as a member of the legal team to represent them in the action.
However, the case is unlikely to be heard before the election, which is expected to take place before the end of next month.
"There is a lot of talk in advance of the election about polling, billboards and advertising campaigns but we are missing out on one of the most fundamental issues of all," Ms Murphy said yesterday.
"We are supposed to have proportional representation but the election will not be proportional because of the constituency boundaries."
"The Constitution is not being treated with respect by the Government," said Mr McGrath.
"I am not personally involved as my constituency is not one of those affected but I strongly believe the Government should not be allowed to treat the voters in this way on such an important issue."
The final census of population figures published at the end of March confirmed the preliminary figures of last summer that showed that 11 of the 43 constituencies were in clear breach of Article 16.2.3. of the Constitution. That provision requires every constituency to have broadly the same ratio of TDs per population.
Two constituencies, Dublin West and Dublin North, actually exceed the population limit per TD of 30,000, as specified by the Constitution.
A range of other constituencies including Louth, Kildare South, Meath East, Meath West and Laois Offaly are among those not adequately represented.
The problem is starkly illustrated by the fact Dublin North, with a population of 120,309, will return just four TDs in the forthcoming election while four constituencies with smaller populations - Dún Laoghaire, Limerick East, Cavan Monaghan and Dublin South - will each send five TDs to the next Dáil.
Another illustration of the problem is that Dublin West, with 92,900 people, will elect three TDs while Cork North Central, with 91,591, people will elected four.
The final census figures were published just over a week ago but the almost identical preliminary figures were published last summer and the variation in the population per TD from one constituency to another was widely publicised.
Ms Murphy said that the closeness of the election was not an excuse for the failure of the Government to act to restore proportionality to the system.
"It is over a week since the final census figures were published and everybody had been alerted by the preliminary figures in any case. We have seen Bills being produced in 24 hours and rushed through the Dáil when the situation demanded it, so there was no reason legislation could not have been devised to deal with this problem," said Ms Murphy.
"We regularly send delegations off to other countries where they act as observers to make sure elections are free and fair, yet we can't do what is required to ensure that our own election will be conducted as it is supposed to be under the Constitution."
