Dublin District Court has heard that gardaí refused a fundraising permit to the Anti-Austerity Alliance because it believed the proceeds could be used to encourage unlawful acts.
The AAA is appealing the refusal.
Chief Superintendent Orla McPartlin told the court that AAA Cllr Mick Murphy applied for the permit in July to fundraise in the Tallaght and Jobstown area.
Ms McPartlin said that Mr Murphy had been involved in a public order incident in her area on 15 November 2014 and charges had been brought.
She said she refused the application because she believed the proceeds of the collection could be used directly or indirectly to encourage the commission of unlawful acts.
Ms McPartlin said it was not a blanket refusal to the AAA and her decision only applied to the specific application.
David Langwallner BL for the AAA told the court the proceeds would strictly be used for general election purposes.
But he also submitted that the act under which the permit application was made was unconstitutional because it blocked an appeal on this particular ground and he said he wanted the High Court to rule on it.
Peter Leonard BL for An Garda Síochána said the law allowed the chief superintendent to give her decision and it was not for the court to look behind that decision.
Mr Leonard said it was accepted the AAA had a legitimate entitlement to raise funds but he said this refusal only related to a specific application.
Judge Michael Coughlan said it was a significant case and he would adjourn for a month until 20 November to allow written submissions from the Anti-Austerity Alliance.
