Constitutional Frameworks Overview

Constitutional Frameworks

• Ten topics covered in lectures: introduction to constitution, fundamental principles/basic values, judicial review, Dail/Seanad elections, legislative power, administration of justice, judicial independence, executive power, and president/international relations.
• Four corresponding tutorial topics: interpreting the constitution, legislative power, judicial power, and executive power.
• Important to review recent Supreme Court rulings on Seanad.

Topic 1: Introduction to the Constitution

• The constitution is the fundamental law of the state.
• There are three branches of power in the constitution: legal, executive, and judicial.

Topic 2: Fundamental Principles and Basic Values

• The constitution refers to the nation, detailing its inalienable, indefeasible, and sovereign rights.
• Original articles 2 & 3 were amended after the Good Friday Agreement, resolving issues regarding Irish unity with Northern Ireland.
• The proclamation outlines the sense of national identity.
• The 1937 preamble defines the nationality of Ireland as "We the people of Éire".
• Revised articles 2 & 3 define the entitlements of Irish citizens as birthrights.
• Article 3 emphasizes uniting the people of the island, excluding Great Britain's influence.

Topic 3: Role of Judicial Review

• The constitution has two key meanings: (1) rules and principles for government, and (2) a single written instrument encompassing fundamental rules.
• All states possess at least one, and most have two, written constitutions.
• Constitutions can be viewed as either flexible or rigid.
• Precedent plays a crucial role in the Irish legal system.
• Court decisions form sources of law, establishing precedent.
• Earlier decisions bind lower courts and the same court during future cases.
• Ratio decidendi is the legal rule or principle determining the outcome in prior cases.
• Earlier court considerations of facts and relevance are paramount.

Topic 4: Dáil Elections & the Seanad

• Court cases: Quinn v Waterford Corp and Kelly v Minister for the Environment deal with electoral rights for various parties.
• Dáil elections: Eligibility requirements include age 18, Irish citizenship, and non-disqualification by law.
• Non-discrimination and equal opportunity in the electoral process.

Topic 5: Legislative Power

• The state's legislative power is held by the legislature, making laws for creation or recognition of subordinate legislatures, and defining their power and functions.
• Subordinate legislatures don't exist under the Irish Constitution.
• Ministers and other bodies are empowered to create rules and regulations under authority granted by the Oireachtas (Irish parliament), acting within the boundaries of article 15.2.2.

Topic 6: Legislative Power Concluded

• Parliamentary privilege protects utterances and publications in either House.
• Members are not amendable to courts or authorities outside the House regarding such matters.
• The Houses have power over their debates, documents, and members' private papers.

Topic 7: Administration of Justice

• Only judges can administer justice.
• The 1937 constitution identified potential problems related to justice administration prior to 1937, as per article 37.
• McDonald v Bord na gCon provides a five-point test for defining the administration of justice. Key considerations include disputes over legal rights, determination of those rights, liability or penalty imposition.

Topic 8: Judicial Independence

• Judicial independence involves separation of powers; legislative and executive cannot dictate judicial decisions.
• The constitution allows political appointees for judicial decisions, though it also has provisions for judge appointments.
• The role of the judiciary is to uphold the law independently of political pressures to benefit the entire public.

Topic 9: Executive Power and Prerogative

• Executive power resides in the government—not the president.
• The Dáil (Irish parliament) plays a key role in legislative processes: selecting the Taoiseach (Prime Minister), approving/appointing ministers, holding the government responsible, and scheduling general elections—along with the President.
• Prerogative power—in the context of former British governance—is an inherent aspect of state sovereignty, granting the state the power to control the entry and presence of non-citizens.

Topic 10: Presidents and International Relations

• The president of Ireland is largely ceremonial with limited power.
• Elections are held directly by the people, with eligibility requirements of Irish citizenship.
• The nomination process for presidential candidates and tenure limits (two terms) are explained.
• The President's role involves symbolic functions and representing the state internationally with limited direct power.

This quiz covers the essential aspects of constitutional frameworks including the introduction to the constitution, fundamental principles, judicial review, and the separation of powers. It also emphasizes recent Supreme Court rulings on Seanad elections and their implications. Perfect for students studying law or participating in related tutorials.