Podcast
Questions and Answers
What are the three branches of power established by the constitution?
What are the three branches of power established by the constitution?
- Federal, state, local
- Legal, executive, judicial (correct)
- Civil, criminal, constitutional
- Legislative, administrative, judiciary
What does Article 3 of the constitution now focus on?
What does Article 3 of the constitution now focus on?
- Defining the role of the executive branch
- Regulating international treaties
- Uniting the people sharing the island (correct)
- Establishing citizenship requirements
Which statement accurately describes the constitution's role in reflecting political theories?
Which statement accurately describes the constitution's role in reflecting political theories?
- It reflects aspirations and aims of the people. (correct)
- It completely abstracts from social theory.
- It serves only as a historical document without relevance today.
- It solely focuses on legal norms without any political implications.
Following the Good Friday Agreement, what change was made to the articles concerning Irish unity?
Following the Good Friday Agreement, what change was made to the articles concerning Irish unity?
What does Article 5 define Ireland as?
What does Article 5 define Ireland as?
In the context of judicial review, how does the doctrine of precedent operate in Ireland?
In the context of judicial review, how does the doctrine of precedent operate in Ireland?
Which aspect is NOT explicitly mentioned as a component of the constitution?
Which aspect is NOT explicitly mentioned as a component of the constitution?
What two meanings does the constitution encompass?
What two meanings does the constitution encompass?
What was the primary legal issue considered by Clarke CJ regarding the Plan?
What was the primary legal issue considered by Clarke CJ regarding the Plan?
According to Clarke CJ, what does section 4 of the 2015 Act require regarding the measures in a compliant plan?
According to Clarke CJ, what does section 4 of the 2015 Act require regarding the measures in a compliant plan?
What notable event occurred on March 11th, just before the Leaving Certificate exams?
What notable event occurred on March 11th, just before the Leaving Certificate exams?
What was the role of teachers under the calculated grades scheme for the Leaving Certificate?
What was the role of teachers under the calculated grades scheme for the Leaving Certificate?
Which group of students experienced a specific detriment due to the cancellation of the Leaving Certificate exams?
Which group of students experienced a specific detriment due to the cancellation of the Leaving Certificate exams?
What does Article 42.1 of the Constitution provide?
What does Article 42.1 of the Constitution provide?
What power did the government exercise by postponing the Leaving Certificate exams?
What power did the government exercise by postponing the Leaving Certificate exams?
What issue arose concerning the rights of home-schooled students under the new grading scheme?
What issue arose concerning the rights of home-schooled students under the new grading scheme?
What is the ratio decidendi in a legal decision?
What is the ratio decidendi in a legal decision?
How does statutory interpretation differ from constitutional interpretation?
How does statutory interpretation differ from constitutional interpretation?
What does the term obiter dicta refer to in a legal context?
What does the term obiter dicta refer to in a legal context?
In the O’Meara case, what was the main legal issue regarding the claim to a widower’s contributory pension?
In the O’Meara case, what was the main legal issue regarding the claim to a widower’s contributory pension?
What is a challenge associated with the harmonious interpretation of the constitution?
What is a challenge associated with the harmonious interpretation of the constitution?
What does the historical interpretation of the constitution struggle with?
What does the historical interpretation of the constitution struggle with?
What was a key element in the judgment of the People (DPP) v O’Shea case?
What was a key element in the judgment of the People (DPP) v O’Shea case?
In Heneghan v Minister for Housing, what was the applicant's claim regarding Article 18.4.2?
In Heneghan v Minister for Housing, what was the applicant's claim regarding Article 18.4.2?
What aspect of natural law is highlighted in relation to the Irish constitution?
What aspect of natural law is highlighted in relation to the Irish constitution?
Which interpretation method favors flexibility and discretion for judges?
Which interpretation method favors flexibility and discretion for judges?
What is suggested about statements made by judges during legal decisions?
What is suggested about statements made by judges during legal decisions?
What major point can be derived from the discussion on constitutional provisions?
What major point can be derived from the discussion on constitutional provisions?
What legal ambiguity can arise from multiple judgments on appeal?
What legal ambiguity can arise from multiple judgments on appeal?
What is the primary concern surrounding literal interpretation of the constitution?
What is the primary concern surrounding literal interpretation of the constitution?
What is the key constitutional issue regarding the administration of justice as raised in the supreme court?
What is the key constitutional issue regarding the administration of justice as raised in the supreme court?
According to the majority view, which entity is exercising limited powers of judicial nature?
According to the majority view, which entity is exercising limited powers of judicial nature?
What characteristic did the supreme court dispute regarding the high court's findings?
What characteristic did the supreme court dispute regarding the high court's findings?
What aspect of the proceedings before adjudication officers was found incompatible with the constitution?
What aspect of the proceedings before adjudication officers was found incompatible with the constitution?
Why is judicial independence important according to the content?
Why is judicial independence important according to the content?
What role does the Dail Eireann have in relation to the government?
What role does the Dail Eireann have in relation to the government?
What constitutional amendment was suggested related to judicial removals?
What constitutional amendment was suggested related to judicial removals?
Which aspect of the president’s role in Irish politics is primarily ceremonial?
Which aspect of the president’s role in Irish politics is primarily ceremonial?
What is a requirement for citizens regarding voting according to the content?
What is a requirement for citizens regarding voting according to the content?
What governs the relationship between judges and the public in terms of judicial independence?
What governs the relationship between judges and the public in terms of judicial independence?
What has been proposed regarding the voting rights of Irish citizens living abroad?
What has been proposed regarding the voting rights of Irish citizens living abroad?
Which of the following reflects the executive power as mentioned in the content?
Which of the following reflects the executive power as mentioned in the content?
What does the acronym 'PIAB' refer to in legal terms?
What does the acronym 'PIAB' refer to in legal terms?
What is the primary criticism regarding the Judicial Council Act as noted in the content?
What is the primary criticism regarding the Judicial Council Act as noted in the content?
What was deemed incompatible with the exclusive law-making power of the Oireachtas?
What was deemed incompatible with the exclusive law-making power of the Oireachtas?
Which constitutional article was referenced in relation to the Labour Court’s powers?
Which constitutional article was referenced in relation to the Labour Court’s powers?
What did the Supreme Court determine regarding the Labour Court's powers in relation to REAs?
What did the Supreme Court determine regarding the Labour Court's powers in relation to REAs?
What was the result of the Supreme Court's ruling regarding section 28 of the Planning and Development Act 2000?
What was the result of the Supreme Court's ruling regarding section 28 of the Planning and Development Act 2000?
What is one of the key conditions for the Labour Court to register an employment agreement?
What is one of the key conditions for the Labour Court to register an employment agreement?
Which case addressed the constitutional challenges posed by the Workplace Relations Act 2015?
Which case addressed the constitutional challenges posed by the Workplace Relations Act 2015?
What does parliamentary privilege protect members of the Houses of Parliament from?
What does parliamentary privilege protect members of the Houses of Parliament from?
What principle is highlighted regarding the administration of justice?
What principle is highlighted regarding the administration of justice?
What must occur for a dispute to qualify under the five-point test for administration of justice?
What must occur for a dispute to qualify under the five-point test for administration of justice?
In Conway v An Bord Pleanála, what was the key legal issue raised regarding section 28?
In Conway v An Bord Pleanála, what was the key legal issue raised regarding section 28?
How does the Labour Court ensure compliance with its recommendations?
How does the Labour Court ensure compliance with its recommendations?
What is required for the Labour Court to issue a recommendation under the Industrial Relations Act?
What is required for the Labour Court to issue a recommendation under the Industrial Relations Act?
Which of the following best describes the judicial review concept in relation to parliamentary privilege?
Which of the following best describes the judicial review concept in relation to parliamentary privilege?
What was a significant outcome of the Supreme Court ruling in the context of the Industrial Relations Act 2015?
What was a significant outcome of the Supreme Court ruling in the context of the Industrial Relations Act 2015?
What newly introduced requirement did the Industrial Relations Act 2015 attempt to address?
What newly introduced requirement did the Industrial Relations Act 2015 attempt to address?
What is a limitation placed on the presidency in terms of term length?
What is a limitation placed on the presidency in terms of term length?
Which of the following powers does the president NOT exercise independently?
Which of the following powers does the president NOT exercise independently?
What role did Mary Robinson play in the evolution of the Irish presidency?
What role did Mary Robinson play in the evolution of the Irish presidency?
Under what act did the functions of the British King get transferred to the president of Ireland?
Under what act did the functions of the British King get transferred to the president of Ireland?
Which Article imposes a limitation on the government’s conduct of foreign policy?
Which Article imposes a limitation on the government’s conduct of foreign policy?
What does the dualist system described in Article 29.6 entail regarding international agreements?
What does the dualist system described in Article 29.6 entail regarding international agreements?
What was the Supreme Court's decision concerning the case Gearty v DPP?
What was the Supreme Court's decision concerning the case Gearty v DPP?
In the case of Webb v Ireland, what was the court's stance on the finders of treasure trove?
In the case of Webb v Ireland, what was the court's stance on the finders of treasure trove?
What was the outcome of Barlow v Minister for Agriculture, Food and the Marine regarding the fishing vessels' activities?
What was the outcome of Barlow v Minister for Agriculture, Food and the Marine regarding the fishing vessels' activities?
What was the basis of the Friends of the Irish Environment's appeal?
What was the basis of the Friends of the Irish Environment's appeal?
Which statement best describes the nature of the president’s powers within the government structure?
Which statement best describes the nature of the president’s powers within the government structure?
What is necessary for the removal of a president from office?
What is necessary for the removal of a president from office?
Which of the following is NOT a power the president can exercise?
Which of the following is NOT a power the president can exercise?
Which historical presidency was marked by a lack of involvement in external state functions?
Which historical presidency was marked by a lack of involvement in external state functions?
Who originally had the right to elect members of Seanad Eireann from TCD and NUI?
Who originally had the right to elect members of Seanad Eireann from TCD and NUI?
What is the minimum age requirement to be elected as a TD in Ireland?
What is the minimum age requirement to be elected as a TD in Ireland?
Which of the following allows candidates to be reimbursed for part of their election expenses?
Which of the following allows candidates to be reimbursed for part of their election expenses?
What is required for a candidate to get on the ballot paper?
What is required for a candidate to get on the ballot paper?
What term describes an act performed outside the legal power conferred by a higher authority?
What term describes an act performed outside the legal power conferred by a higher authority?
Which article states that |no other legislature authority| can make laws for the state?
Which article states that |no other legislature authority| can make laws for the state?
Under what condition can a member of the Oireachtas delegate power to create laws?
Under what condition can a member of the Oireachtas delegate power to create laws?
What practice did the Supreme Court acknowledge as necessary concerning the delegation of powers?
What practice did the Supreme Court acknowledge as necessary concerning the delegation of powers?
What must election expenses disclosed by parties adhere to?
What must election expenses disclosed by parties adhere to?
What limitation exists regarding laws made under delegated powers?
What limitation exists regarding laws made under delegated powers?
What effect does a breach of Article 15.2.1 by the Oireachtas have on its delegates?
What effect does a breach of Article 15.2.1 by the Oireachtas have on its delegates?
Which court case involved challenging the validity of a Registered Employment Agreement?
Which court case involved challenging the validity of a Registered Employment Agreement?
What principle relates to the obligation of the Oireachtas concerning electoral equality?
What principle relates to the obligation of the Oireachtas concerning electoral equality?
Flashcards
Constitution
Constitution
The fundamental law of a state, outlining its structure, powers, and rights.
Branches of Power
Branches of Power
The three distinct areas of governmental authority: legislative, executive, and judicial.
Sovereignty
Sovereignty
The supreme power of a state to govern itself without external control.
Separation of Powers
Separation of Powers
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Judicial Review
Judicial Review
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Precedent
Precedent
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Common Law
Common Law
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Flexible vs. Rigid Constitution
Flexible vs. Rigid Constitution
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Ratio decidendi
Ratio decidendi
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Obiter dicta
Obiter dicta
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Flexibility of precedent
Flexibility of precedent
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Persuasive precedent
Persuasive precedent
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Statutory interpretation
Statutory interpretation
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Constitutional interpretation
Constitutional interpretation
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Literal interpretation
Literal interpretation
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Harmonious interpretation
Harmonious interpretation
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Historical interpretation
Historical interpretation
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Prevailing ideas
Prevailing ideas
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Natural law
Natural law
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Oireachtas
Oireachtas
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Seanad Eireann
Seanad Eireann
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Constitutional provision
Constitutional provision
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Seanad Eireann's University Seats
Seanad Eireann's University Seats
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Equality in the Electoral Process
Equality in the Electoral Process
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Third-Level Students' Voting Rights
Third-Level Students' Voting Rights
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TDs and Senators' Election Expenses
TDs and Senators' Election Expenses
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Qualifications for Dail Election Voters
Qualifications for Dail Election Voters
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Qualifications for Dail Candidates
Qualifications for Dail Candidates
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Nomination for Dail Elections
Nomination for Dail Elections
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Secret Ballot
Secret Ballot
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TDs and Constituencies
TDs and Constituencies
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Political Finance in Ireland
Political Finance in Ireland
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Seanad Eireann: Composition
Seanad Eireann: Composition
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Subordinate Legislatures in Ireland
Subordinate Legislatures in Ireland
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'Making Laws' vs. 'Rules and Regulations'
'Making Laws' vs. 'Rules and Regulations'
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Delegated Power: Regulatory vs. Administrative
Delegated Power: Regulatory vs. Administrative
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Ultra Vires: Acting Beyond Legal Power
Ultra Vires: Acting Beyond Legal Power
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Industrial Relations Act 1946 (Part III)
Industrial Relations Act 1946 (Part III)
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Article 15.2.1 of the Constitution of Ireland
Article 15.2.1 of the Constitution of Ireland
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Ultra Vires
Ultra Vires
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Delegation of Legislative Power
Delegation of Legislative Power
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Parliamentary Privilege
Parliamentary Privilege
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Administration of Justice
Administration of Justice
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McDonald v Bord na gCon
McDonald v Bord na gCon
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Locus Standi
Locus Standi
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Naisiunta leictreach contraitheoir Eireann v Labour court
Naisiunta leictreach contraitheoir Eireann v Labour court
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Conway v An Bord Pleanála
Conway v An Bord Pleanála
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Article 34.1 and 37.1 of the Constitution of Ireland
Article 34.1 and 37.1 of the Constitution of Ireland
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Workplace Relations Act 2015 and the Unfair Dismissals act 1977
Workplace Relations Act 2015 and the Unfair Dismissals act 1977
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Zalewski v Adjudication Offices & Ors
Zalewski v Adjudication Offices & Ors
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Justiciable Issue
Justiciable Issue
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NTO (National Transition Objective)
NTO (National Transition Objective)
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Specificity in a Plan
Specificity in a Plan
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Conflict of Interest
Conflict of Interest
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Legitimate Exercise of Power
Legitimate Exercise of Power
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Inadvertent Disregard of Rights
Inadvertent Disregard of Rights
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Home-Schooled Students' Rights
Home-Schooled Students' Rights
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5-Point Test
5-Point Test
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Limited Functions of Judicial Nature
Limited Functions of Judicial Nature
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Article 37 of the Constitution
Article 37 of the Constitution
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Judicial Independence
Judicial Independence
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Delaney v PIAB
Delaney v PIAB
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Executive Power of the State
Executive Power of the State
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Dail Eireann
Dail Eireann
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Government/Taoiseach
Government/Taoiseach
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Prerogative Powers
Prerogative Powers
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President of Ireland
President of Ireland
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Franchise
Franchise
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Nomination (Presidential Election)
Nomination (Presidential Election)
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Presidential Terms in Ireland
Presidential Terms in Ireland
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President's Powers: Rubber Stamp?
President's Powers: Rubber Stamp?
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President's Independent Judgments
President's Independent Judgments
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President's Historical Role
President's Historical Role
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President's External Functions
President's External Functions
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Double Lock on Presidential Powers
Double Lock on Presidential Powers
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Dualist System in Irish Law
Dualist System in Irish Law
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Oireachtas's Role in Treaties
Oireachtas's Role in Treaties
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EU Law and Irish Regulations
EU Law and Irish Regulations
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S 3 of the European Communities Act
S 3 of the European Communities Act
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Amendments to S3 (2007)
Amendments to S3 (2007)
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Treasure Trove and the State
Treasure Trove and the State
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Webb v Ireland: Treasure Trove
Webb v Ireland: Treasure Trove
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Barlow v Minister: Mussel Fishing
Barlow v Minister: Mussel Fishing
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Friends of the Irish Environment v Government: Climate Change
Friends of the Irish Environment v Government: Climate Change
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Study Notes
Introduction to the Constitution
- The constitution is the fundamental law of the state.
- Three branches of power exist: legislative, executive, and judicial.
Fundamental Principles and Basic Values
- The constitution establishes the nation, emphasizing the "inalienable, indefeasible, and sovereign right" of the people.
- Articles 2 and 3 were modified after the Good Friday Agreement to address Irish unity concerns.
- The proclamation and the 1937 preamble highlight Irish nationality.
- Articles 2 and 3 now reflect Irish citizenry rights and exclude British influence.
- The constitution defines the state as a "sovereign, independent, democratic state."
- It embodies aspirations and political theories of the enacting people.
- The 1976 bill regarding Northern Ireland crimes was rejected.
- The constitution encompasses more than just democracy; it includes nationality, sovereignty, separation of powers, rule of law, and fundamental rights.
- Nationality, sovereignty, and democracy are interconnected concepts.
- Article 5 defines Ireland as a sovereign state.
- Article 6 outlines separation of powers among legislative, executive, and judicial branches.
Role of Judicial Review
- The constitution serves as both fundamental principles and a formal document.
- Most states have one, or multiple constitutions.
- Constitutions can be flexible or rigid.
- Common law precedent is essential.
- Court decisions establish law.
- Lower courts are bound by higher court decisions.
- Ratio decidendi is the binding legal rule or principle in earlier cases.
- Court reasoning and relevant facts are crucial.
- Obiter dicta are non-binding statements.
- Precedent’s interpretations can be ambiguous due to multiple judge decisions, or single judge decisions.
- Later judges determine a precedent's ratio decidendi.
- Persuasive precedent is non-binding but influential.
- Statutory and constitutional interpretation differ slightly.
- Statutes are detailed, easy to change, recent, independent and have interpretation acts.
- Constitutions are general, distinguish policy from fundamentals, and reflect broader political theory.
- Literal interpretation might be inappropriate.
- Harmonious interpretation offers flexibility but creates uncertainty.
- Historical context interpretation is important but often vague.
- The "prevailing ideas" approach is standard for fundamental rights.
- O'Meara case highlights constitutional interpretation regarding family and rights.
- Natural law is not directly used in Irish courts in institution issues relating to separation of powers.
- The constitution isn't subordinate to natural law (since 1995).
Interpreting the Constitution
- People (DPP) v O'Shea focused on appealing "not guilty" verdicts.
- The constitution should be interpreted literally, considering the whole document, and historical context.
- Heneghan v Minister for Housing, Planning and Local Government concerned the validity of the Seanad Electoral Act in light of a constitutional amendment.
- The court found the relevant constitutional provision unclear.
- The constitution outlines who elects university members of Seanad.
- The case centered on the understanding of an ambiguous constitutional provision and the relationship with prior legislation.
- The applicant's claim against the composition of the Seanad involved provisions on the electorate for university seats inserted in a 1979 amendment.
Dail Elections & Seanad
- Court decisions like Quinn v Waterford Corp and Kelly v Minister for the Environment affect voter registration and campaign finance respectively.
- Dail election eligibility criteria focus on age, citizenship, and legal disqualifications.
- Election eligibility criteria are age, citizenship, and absence of legal incapacitation.
- Candidates must either pay a deposit or be nominated by a party, or by 30 voters.
- Secret ballot is crucial for secrecy; specific provisions exist for visual impairments and incapacity.
- TDs are elected from constituencies with population limits.
- Financial regulation limits candidate and party spending.
- Seanad election details are outlined.
Legislative Power
- The Oireachtas's lawmaking power is exclusive.
- Subordinate legislatures don't exist.
- 'Making laws' includes delegated powers, regulations, and rules.
- Regulatory vs. administrative powers are distinct.
- Ultra vires refers to actions beyond authorized power.
- The constitution can invalidate laws.
- Delegated powers lack sufficient principles or policies for valid exercise.
- Henry VIII clauses (enabling legislation changes) are invalid in Ireland.
- City View Press v AnCo affirmed the Oireachtas's power to delegate but maintained checks on it.
- The ‘test’ for Acts violating article 15.2.1 involves sufficient principles and policies.
Legislative Power Continued (Tutorial 2)
- McGowan v Labour Court declared Part III of the Industrial Relations Act 1946 unconstitutional for excessive delegation of lawmaking power to private parties.
- Naisiunta leictreach contraitheoir Eireann v Labour court detailed the labour court's role in the 2015 Act and its deficiencies, that the labour court failed to observe in their decision making processes.
- Conway v An Bord Pleanála rejected a challenge to delegated legislative power.
Legislative Power Concluded
- Parliamentary privilege protects members' statements from legal action.
- The Houses cannot be held liable for actions of members.
Administration of Justice
- Only judges can administer justice under the constitution.
- The five-point test for the administration of justice is shown here.
- Zalewski v adjudication offices & ors focused on the constitutional validity of various procedures.
- The five-point test for administering justice was relevant to proceedings before the WRC, and the interpretation of article 37.
- The majority view accepted that the WRC exercises limited judicial powers.
- Constitutional issues with 2015 Act remain, including lack of public hearings, no oaths or cross-examination.
Judicial Independence
- Judicial independence is crucial for the rule of law, but judges aren't necessarily immune to legislative actions.
- Delaney v PIAB focused on the constitutionality of personal injury guidelines.
- Judicial independence is historically and culturally strong.
- The President appoints all judges.
- A body could be formed to investigate a judge’s removal.
Executive Power and Prerogative
- Executive power rests with the government, not the president.
- The Dáil and the Taoiseach hold day-to-day power.
- International relations are handled by the government.
- Prerogative, stemming from the British system, involves State control over non-citizens.
Presidents and International Relations
- The President's role is largely symbolic and ceremonial.
- Citizen eligibility remains focused on citizenship and age limits.
- Presidential nomination processes evolved over time.
- Presidential terms are limited to two terms.
- The President primarily rubber stamps decisions.
- The President has limited independent powers (referring Bills to Supreme Court, refusing dissolution, resolving Dail/Seanad conflicts).
- The President began signalling broader political values.
- The State's interaction with international agreements.
- The dualist system of international agreements and domestic laws is described.
- The impact of the 1972 European Communities Act on domestic legislation.
Executive Power (Tutorial 4)
- Webb v Ireland: Treasure Trove rights, State reward to discoverer
- Barlow v Minister for Agriculture, Food and the Marine: Mussel fishing rights & constitutional challenges.
- Friends of the Irish Environment v Government of Ireland: Climate change plan justiciability and sufficient details.
- Burke v Minister for Education: Leaving Certificate cancellation and home-schooled students' rights.
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