Irish Constitution Overview Quiz

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Questions and Answers

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?

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?

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It serves only as a historical document without relevance today.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?

They were changed to remove coercion regarding Northern Ireland. Signup and view all the answers

What does Article 5 define Ireland as?

A sovereign, independent, democratic state Signup and view all the answers

In the context of judicial review, how does the doctrine of precedent operate in Ireland?

Decisions made by higher courts bind lower courts. Signup and view all the answers

Which aspect is NOT explicitly mentioned as a component of the constitution?

Religious freedom Signup and view all the answers

What two meanings does the constitution encompass?

Rules for government and a single written document Signup and view all the answers

What was the primary legal issue considered by Clarke CJ regarding the Plan?

It was ultra vires as argued by FIE Signup and view all the answers

According to Clarke CJ, what does section 4 of the 2015 Act require regarding the measures in a compliant plan?

They need sufficient specificity for evaluation Signup and view all the answers

What notable event occurred on March 11th, just before the Leaving Certificate exams?

COVID-19 was declared a pandemic by the WTO Signup and view all the answers

What was the role of teachers under the calculated grades scheme for the Leaving Certificate?

To provide estimated percentage marks for students Signup and view all the answers

Which group of students experienced a specific detriment due to the cancellation of the Leaving Certificate exams?

Home-schooled students Signup and view all the answers

What does Article 42.1 of the Constitution provide?

The right of families to educate children Signup and view all the answers

What power did the government exercise by postponing the Leaving Certificate exams?

A legitimate exercise of power conferred by the constitution Signup and view all the answers

What issue arose concerning the rights of home-schooled students under the new grading scheme?

They were entirely disregarded in the process Signup and view all the answers

What is the ratio decidendi in a legal decision?

It is the legal rule or principle determining the outcome of the case. Signup and view all the answers

How does statutory interpretation differ from constitutional interpretation?

Constitutional interpretation often involves broader principles and theories. Signup and view all the answers

What does the term obiter dicta refer to in a legal context?

Statements made by judges that are not essential to the outcome. Signup and view all the answers

In the O’Meara case, what was the main legal issue regarding the claim to a widower’s contributory pension?

Whether unmarried couples are recognized under Article 40. Signup and view all the answers

What is a challenge associated with the harmonious interpretation of the constitution?

It creates uncertainty and increases judicial discretion. Signup and view all the answers

What does the historical interpretation of the constitution struggle with?

Limited evidence of original intent or understanding. Signup and view all the answers

What was a key element in the judgment of the People (DPP) v O’Shea case?

The constitution must be interpreted according to its plain and literal meaning. Signup and view all the answers

In Heneghan v Minister for Housing, what was the applicant's claim regarding Article 18.4.2?

It enforced a legislative action that was not executed. Signup and view all the answers

What aspect of natural law is highlighted in relation to the Irish constitution?

Irish judges view it as largely irrelevant in state institutions. Signup and view all the answers

Which interpretation method favors flexibility and discretion for judges?

Harmonious interpretation. Signup and view all the answers

What is suggested about statements made by judges during legal decisions?

Not all statements are considered part of the ratio decidendi. Signup and view all the answers

What major point can be derived from the discussion on constitutional provisions?

Many constitutional provisions may be vague and require careful interpretation. Signup and view all the answers

What legal ambiguity can arise from multiple judgments on appeal?

Conflicted interpretations of the same legal principle. Signup and view all the answers

What is the primary concern surrounding literal interpretation of the constitution?

It can lead to rigid applications that overlook broader principles. Signup and view all the answers

What is the key constitutional issue regarding the administration of justice as raised in the supreme court?

Whether the judicial process meets constitutional requirements Signup and view all the answers

According to the majority view, which entity is exercising limited powers of judicial nature?

The Workplace Relations Commission (WRC) Signup and view all the answers

What characteristic did the supreme court dispute regarding the high court's findings?

The executive power's influence in enforcement Signup and view all the answers

What aspect of the proceedings before adjudication officers was found incompatible with the constitution?

The inability to cross-examine witnesses Signup and view all the answers

Why is judicial independence important according to the content?

It upholds the rule of law for the people's benefit Signup and view all the answers

What role does the Dail Eireann have in relation to the government?

It holds the government accountable for its departments Signup and view all the answers

What constitutional amendment was suggested related to judicial removals?

Establish a board to investigate judges Signup and view all the answers

Which aspect of the president’s role in Irish politics is primarily ceremonial?

Representing Ireland at international events Signup and view all the answers

What is a requirement for citizens regarding voting according to the content?

Only Irish citizens can vote Signup and view all the answers

What governs the relationship between judges and the public in terms of judicial independence?

Cultural norms create a supportive legal environment Signup and view all the answers

What has been proposed regarding the voting rights of Irish citizens living abroad?

Voting rights will be extended to all citizens globally Signup and view all the answers

Which of the following reflects the executive power as mentioned in the content?

Vested in the president and the government Signup and view all the answers

What does the acronym 'PIAB' refer to in legal terms?

Personal Injury Assessment Board Signup and view all the answers

What is the primary criticism regarding the Judicial Council Act as noted in the content?

It fails to provide constitutional safeguards Signup and view all the answers

What was deemed incompatible with the exclusive law-making power of the Oireachtas?

Part III of the Industrial Relations Act 1946 Signup and view all the answers

Which constitutional article was referenced in relation to the Labour Court’s powers?

Article 15.2.1 Signup and view all the answers

What did the Supreme Court determine regarding the Labour Court's powers in relation to REAs?

The Labour Court acted ultra vires by adopting REAs Signup and view all the answers

What was the result of the Supreme Court's ruling regarding section 28 of the Planning and Development Act 2000?

It was deemed invalid due to improper delegation of power Signup and view all the answers

What is one of the key conditions for the Labour Court to register an employment agreement?

The parties involved must be ‘substantially representative’ Signup and view all the answers

Which case addressed the constitutional challenges posed by the Workplace Relations Act 2015?

Zalewski v adjudication offices & ors Signup and view all the answers

What does parliamentary privilege protect members of the Houses of Parliament from?

Legal proceedings for any utterance in the House Signup and view all the answers

What principle is highlighted regarding the administration of justice?

The constitution does not clearly define who administers justice Signup and view all the answers

What must occur for a dispute to qualify under the five-point test for administration of justice?

There should be known legal rights violated Signup and view all the answers

In Conway v An Bord Pleanála, what was the key legal issue raised regarding section 28?

It improperly delegated legislative power to the minister Signup and view all the answers

How does the Labour Court ensure compliance with its recommendations?

By providing reasons in its recommendations Signup and view all the answers

What is required for the Labour Court to issue a recommendation under the Industrial Relations Act?

Parties must be substantially representative of their workers Signup and view all the answers

Which of the following best describes the judicial review concept in relation to parliamentary privilege?

It does not make members immune from the legality of actions Signup and view all the answers

What was a significant outcome of the Supreme Court ruling in the context of the Industrial Relations Act 2015?

The court established clear guidelines for the Labour Court Signup and view all the answers

What newly introduced requirement did the Industrial Relations Act 2015 attempt to address?

The need for express guidance for Labour Court decisions Signup and view all the answers

What is a limitation placed on the presidency in terms of term length?

The president is limited to two terms. Signup and view all the answers

Which of the following powers does the president NOT exercise independently?

Dissolving the Dail upon request Signup and view all the answers

What role did Mary Robinson play in the evolution of the Irish presidency?

She began a trend of subtly signaling support for certain values. Signup and view all the answers

Under what act did the functions of the British King get transferred to the president of Ireland?

Republic of Ireland Act 1948 Signup and view all the answers

Which Article imposes a limitation on the government’s conduct of foreign policy?

Article 5 Signup and view all the answers

What does the dualist system described in Article 29.6 entail regarding international agreements?

They have no effect unless incorporated by Oireachtas law. Signup and view all the answers

What was the Supreme Court's decision concerning the case Gearty v DPP?

It declined to reconsider the issue at hand. Signup and view all the answers

In the case of Webb v Ireland, what was the court's stance on the finders of treasure trove?

The finders had a right to a reasonable reward. Signup and view all the answers

What was the outcome of Barlow v Minister for Agriculture, Food and the Marine regarding the fishing vessels' activities?

The Supreme Court found the fishing activities unconstitutional. Signup and view all the answers

What was the basis of the Friends of the Irish Environment's appeal?

Violation of human rights as per the ECHR. Signup and view all the answers

Which statement best describes the nature of the president’s powers within the government structure?

The president primarily acts as a ceremonial figure. Signup and view all the answers

What is necessary for the removal of a president from office?

A very high level of political consensus. Signup and view all the answers

Which of the following is NOT a power the president can exercise?

Appoint government ministers Signup and view all the answers

Which historical presidency was marked by a lack of involvement in external state functions?

The presidency from 1938 to 1949 Signup and view all the answers

Who originally had the right to elect members of Seanad Eireann from TCD and NUI?

Graduates of TCD and NUI Signup and view all the answers

What is the minimum age requirement to be elected as a TD in Ireland?

21 years old Signup and view all the answers

Which of the following allows candidates to be reimbursed for part of their election expenses?

Quarterly public funding Signup and view all the answers

What is required for a candidate to get on the ballot paper?

Payment of a €500 deposit or nomination by a political party Signup and view all the answers

What term describes an act performed outside the legal power conferred by a higher authority?

Ultra vires Signup and view all the answers

Which article states that |no other legislature authority| can make laws for the state?

Article 15.2.1 Signup and view all the answers

Under what condition can a member of the Oireachtas delegate power to create laws?

If explicitly allowed by the constitution Signup and view all the answers

What practice did the Supreme Court acknowledge as necessary concerning the delegation of powers?

Retention of some control by the Dail and Seanad Signup and view all the answers

What must election expenses disclosed by parties adhere to?

Donation caps and declaration requirements Signup and view all the answers

What limitation exists regarding laws made under delegated powers?

They cannot be characterized as making laws for the state Signup and view all the answers

What effect does a breach of Article 15.2.1 by the Oireachtas have on its delegates?

It causes their actions to be Ultra vires Signup and view all the answers

Which court case involved challenging the validity of a Registered Employment Agreement?

McGowan v Labour Court Signup and view all the answers

What principle relates to the obligation of the Oireachtas concerning electoral equality?

Inclusion of all graduates in the electoral process Signup and view all the answers

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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Test your knowledge on key aspects of the Irish Constitution, including its three branches of power and specific articles. This quiz covers the political theories it reflects, changes post-Good Friday Agreement, and the definitions outlined within. Challenge your understanding of judicial review and constitutional meanings.

Irish Constitution Overview Quiz

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Questions and Answers

What are the three branches of power established by the constitution?

What does Article 3 of the constitution now focus on?

Which statement accurately describes the constitution's role in reflecting political theories?

Following the Good Friday Agreement, what change was made to the articles concerning Irish unity?

What does Article 5 define Ireland as?

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?

What two meanings does the constitution encompass?

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?

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?

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 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 is the ratio decidendi in a legal decision?

How does statutory interpretation differ from constitutional interpretation?

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?

What is a challenge associated with the harmonious interpretation of the constitution?

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?

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?

Which interpretation method favors flexibility and discretion for judges?

What is suggested about statements made by judges during legal decisions?

What major point can be derived from the discussion on constitutional provisions?

What legal ambiguity can arise from multiple judgments on appeal?

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?

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 aspect of the proceedings before adjudication officers was found incompatible with the constitution?

Why is judicial independence important according to the content?

What role does the Dail Eireann have in relation to the government?

What constitutional amendment was suggested related to judicial removals?

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 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?

Which of the following reflects the executive power as mentioned in the content?

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 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?

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 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?

What does parliamentary privilege protect members of the Houses of Parliament from?

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?

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?

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?

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 is a limitation placed on the presidency in terms of term length?

Which of the following powers does the president NOT exercise independently?

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?

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 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?

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?

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?

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?

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?

Which of the following allows candidates to be reimbursed for part of their election expenses?