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  • It serves only as a historical document without relevance today.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

<p>They were changed to remove coercion regarding Northern Ireland. (B)</p> Signup and view all the answers

What does Article 5 define Ireland as?

<p>A sovereign, independent, democratic state (D)</p> Signup and view all the answers

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

<p>Decisions made by higher courts bind lower courts. (C)</p> Signup and view all the answers

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

<p>Religious freedom (C)</p> Signup and view all the answers

What two meanings does the constitution encompass?

<p>Rules for government and a single written document (D)</p> Signup and view all the answers

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

<p>It was ultra vires as argued by FIE (A)</p> 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?

<p>They need sufficient specificity for evaluation (D)</p> Signup and view all the answers

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

<p>COVID-19 was declared a pandemic by the WTO (D)</p> Signup and view all the answers

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

<p>To provide estimated percentage marks for students (C)</p> Signup and view all the answers

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

<p>Home-schooled students (A)</p> Signup and view all the answers

What does Article 42.1 of the Constitution provide?

<p>The right of families to educate children (D)</p> Signup and view all the answers

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

<p>A legitimate exercise of power conferred by the constitution (D)</p> Signup and view all the answers

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

<p>They were entirely disregarded in the process (B)</p> Signup and view all the answers

What is the ratio decidendi in a legal decision?

<p>It is the legal rule or principle determining the outcome of the case. (C)</p> Signup and view all the answers

How does statutory interpretation differ from constitutional interpretation?

<p>Constitutional interpretation often involves broader principles and theories. (A)</p> Signup and view all the answers

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

<p>Statements made by judges that are not essential to the outcome. (C)</p> 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?

<p>Whether unmarried couples are recognized under Article 40. (B)</p> Signup and view all the answers

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

<p>It creates uncertainty and increases judicial discretion. (C)</p> Signup and view all the answers

What does the historical interpretation of the constitution struggle with?

<p>Limited evidence of original intent or understanding. (C)</p> Signup and view all the answers

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

<p>The constitution must be interpreted according to its plain and literal meaning. (A)</p> Signup and view all the answers

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

<p>It enforced a legislative action that was not executed. (B)</p> Signup and view all the answers

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

<p>Irish judges view it as largely irrelevant in state institutions. (C)</p> Signup and view all the answers

Which interpretation method favors flexibility and discretion for judges?

<p>Harmonious interpretation. (C)</p> Signup and view all the answers

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

<p>Not all statements are considered part of the ratio decidendi. (A)</p> Signup and view all the answers

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

<p>Many constitutional provisions may be vague and require careful interpretation. (C)</p> Signup and view all the answers

What legal ambiguity can arise from multiple judgments on appeal?

<p>Conflicted interpretations of the same legal principle. (D)</p> Signup and view all the answers

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

<p>It can lead to rigid applications that overlook broader principles. (D)</p> Signup and view all the answers

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

<p>Whether the judicial process meets constitutional requirements (C)</p> Signup and view all the answers

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

<p>The Workplace Relations Commission (WRC) (D)</p> Signup and view all the answers

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

<p>The executive power's influence in enforcement (D)</p> Signup and view all the answers

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

<p>The inability to cross-examine witnesses (B)</p> Signup and view all the answers

Why is judicial independence important according to the content?

<p>It upholds the rule of law for the people's benefit (C)</p> Signup and view all the answers

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

<p>It holds the government accountable for its departments (A)</p> Signup and view all the answers

What constitutional amendment was suggested related to judicial removals?

<p>Establish a board to investigate judges (C)</p> Signup and view all the answers

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

<p>Representing Ireland at international events (A)</p> Signup and view all the answers

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

<p>Only Irish citizens can vote (C)</p> Signup and view all the answers

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

<p>Cultural norms create a supportive legal environment (A)</p> Signup and view all the answers

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

<p>Voting rights will be extended to all citizens globally (C)</p> Signup and view all the answers

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

<p>Vested in the president and the government (C)</p> Signup and view all the answers

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

<p>Personal Injury Assessment Board (A)</p> Signup and view all the answers

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

<p>It fails to provide constitutional safeguards (B)</p> Signup and view all the answers

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

<p>Part III of the Industrial Relations Act 1946 (A)</p> Signup and view all the answers

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

<p>Article 15.2.1 (D)</p> Signup and view all the answers

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

<p>The Labour Court acted ultra vires by adopting REAs (A)</p> 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?

<p>It was deemed invalid due to improper delegation of power (A)</p> Signup and view all the answers

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

<p>The parties involved must be ‘substantially representative’ (D)</p> Signup and view all the answers

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

<p>Zalewski v adjudication offices &amp; ors (D)</p> Signup and view all the answers

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

<p>Legal proceedings for any utterance in the House (B)</p> Signup and view all the answers

What principle is highlighted regarding the administration of justice?

<p>The constitution does not clearly define who administers justice (A)</p> Signup and view all the answers

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

<p>There should be known legal rights violated (B)</p> Signup and view all the answers

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

<p>It improperly delegated legislative power to the minister (B)</p> Signup and view all the answers

How does the Labour Court ensure compliance with its recommendations?

<p>By providing reasons in its recommendations (A)</p> Signup and view all the answers

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

<p>Parties must be substantially representative of their workers (C)</p> Signup and view all the answers

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

<p>It does not make members immune from the legality of actions (D)</p> 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?

<p>The court established clear guidelines for the Labour Court (C)</p> Signup and view all the answers

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

<p>The need for express guidance for Labour Court decisions (D)</p> Signup and view all the answers

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

<p>The president is limited to two terms. (B)</p> Signup and view all the answers

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

<p>Dissolving the Dail upon request (B)</p> Signup and view all the answers

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

<p>She began a trend of subtly signaling support for certain values. (A)</p> Signup and view all the answers

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

<p>Republic of Ireland Act 1948 (A)</p> Signup and view all the answers

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

<p>Article 5 (A)</p> Signup and view all the answers

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

<p>They have no effect unless incorporated by Oireachtas law. (B)</p> Signup and view all the answers

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

<p>It declined to reconsider the issue at hand. (B)</p> 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?

<p>The finders had a right to a reasonable reward. (A)</p> 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?

<p>The Supreme Court found the fishing activities unconstitutional. (C)</p> Signup and view all the answers

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

<p>Violation of human rights as per the ECHR. (D)</p> Signup and view all the answers

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

<p>The president primarily acts as a ceremonial figure. (A)</p> Signup and view all the answers

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

<p>A very high level of political consensus. (C)</p> Signup and view all the answers

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

<p>Appoint government ministers (B)</p> Signup and view all the answers

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

<p>The presidency from 1938 to 1949 (B)</p> Signup and view all the answers

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

<p>Graduates of TCD and NUI (A)</p> Signup and view all the answers

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

<p>21 years old (D)</p> Signup and view all the answers

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

<p>Quarterly public funding (D)</p> Signup and view all the answers

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

<p>Payment of a €500 deposit or nomination by a political party (D)</p> Signup and view all the answers

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

<p>Ultra vires (B)</p> Signup and view all the answers

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

<p>Article 15.2.1 (D)</p> Signup and view all the answers

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

<p>If explicitly allowed by the constitution (D)</p> Signup and view all the answers

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

<p>Retention of some control by the Dail and Seanad (D)</p> Signup and view all the answers

What must election expenses disclosed by parties adhere to?

<p>Donation caps and declaration requirements (D)</p> Signup and view all the answers

What limitation exists regarding laws made under delegated powers?

<p>They cannot be characterized as making laws for the state (C)</p> Signup and view all the answers

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

<p>It causes their actions to be Ultra vires (D)</p> Signup and view all the answers

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

<p>McGowan v Labour Court (B)</p> Signup and view all the answers

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

<p>Inclusion of all graduates in the electoral process (D)</p> Signup and view all the answers

Flashcards

Constitution

The fundamental law of a state, outlining its structure, powers, and rights.

Branches of Power

The three distinct areas of governmental authority: legislative, executive, and judicial.

Sovereignty

The supreme power of a state to govern itself without external control.

Separation of Powers

The principle of dividing governmental authority among different branches to prevent any one branch from becoming too powerful.

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Judicial Review

The power of the judiciary to review and invalidate laws or actions of the executive or legislative branches if they violate the constitution.

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Precedent

A legal principle established by a court in a previous case that serves as a guiding rule for future cases with similar issues.

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Common Law

A legal system based on judicial decisions (precedents) rather than solely on statutes.

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Flexible vs. Rigid Constitution

A flexible constitution can be easily amended, while a rigid one requires a more complex process.

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Ratio decidendi

The legal rule or principle that determined the outcome in a previous case. It's the reason for the decision.

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Obiter dicta

Statements of law made in a case that are not part of the ratio decidendi. They are things said incidentally.

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Flexibility of precedent

The ability to interpret precedents differently, especially when multiple judges contribute to a decision. This can lead to ambiguity about the ratio decidendi.

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Persuasive precedent

A non-binding decision from a previous case that can be considered influential, even if not legally binding.

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Statutory interpretation

The process of interpreting a law made by Parliament.

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Constitutional interpretation

The process of interpreting the Constitution, the supreme law of the land.

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Literal interpretation

Interpreting the words of a legal text in their plain and ordinary meaning.

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Harmonious interpretation

Interpreting a legal text in a way that creates consistency with other parts of the text. It aims for a unified interpretation.

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Historical interpretation

Interpreting a legal text based on its original intent and understanding at the time it was created.

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Prevailing ideas

Using contemporary values and societal views to interpret the meaning of fundamental rights.

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Natural law

Universally valid principles of human conduct that exist independently of and are superior to positive law.

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Oireachtas

The Irish Parliament, consisting of the Dáil (lower house) and Seanad (upper house).

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Seanad Eireann

The upper house of the Irish Parliament, also known as the Senate.

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Constitutional provision

A specific article or clause in the Constitution of Ireland.

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Seanad Eireann's University Seats

Three members of the Seanad are elected by Trinity College Dublin (TCD), and three by the National University of Ireland (NUI).

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Equality in the Electoral Process

The principle that all citizens should have equal opportunities to participate in elections, regardless of their background or affiliation.

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Third-Level Students' Voting Rights

Students at third-level institutions (like universities) living away from home during term time can register their voting address regardless of their home address.

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TDs and Senators' Election Expenses

Incumbent TDs and Senators cannot be treated more favorably than other candidates when it comes to limits on campaign spending.

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Qualifications for Dail Election Voters

To vote in a Dail election, you must be 18 years old, an Irish citizen, and not be disqualified by law.

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Qualifications for Dail Candidates

To be elected as a TD, you must be 21 years old, an Irish citizen, and not be disabled or incapacitated by law.

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Nomination for Dail Elections

To appear on the ballot paper, candidates must pay a €500 deposit, be nominated by a registered political party, or get the written support of 30 voters.

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Secret Ballot

Voting in Dail elections is strictly confidential, with measures in place for voters with disabilities or literacy challenges.

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TDs and Constituencies

TDs (members of the Dail) are elected from specific geographical areas called constituencies, with the total number of TDs falling within a defined range set by the constitution.

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Political Finance in Ireland

There are limits on campaign spending by both candidates and political parties, with public funding available and donations capped and subject to disclosure.

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Seanad Eireann: Composition

The Seanad consists of 49 elected members and 11 nominated members, with 43 serving as representatives of different vocational groups and 6 representing universities.

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Subordinate Legislatures in Ireland

The Irish Constitution does not provide for, or recognise, subordinate legislatures – bodies with law-making authority below the Oireachtas (parliament).

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'Making Laws' vs. 'Rules and Regulations'

Ministers and other bodies can create rules and regulations under powers given to them by parliament, but this is not the same as 'making laws for the state' which is the exclusive domain of the Oireachtas.

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Delegated Power: Regulatory vs. Administrative

Powers delegated to ministers or other bodies can be classified as regulatory (affecting broad rules) or administrative (affecting specific cases).

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Ultra Vires: Acting Beyond Legal Power

An act by a person or body that exceeds the authority granted to them by law is considered ultra vires.

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Industrial Relations Act 1946 (Part III)

This part of the 1946 Act allowed private parties to create employment terms and conditions, essentially making their own 'laws' in this area.

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Article 15.2.1 of the Constitution of Ireland

This constitutional provision states that the Oireachtas (Irish Parliament) has the exclusive power to make laws, ensuring that no other body or group can make laws without its authority.

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Ultra Vires

This Latin term means 'beyond the powers'. It refers to an action taken by a body or individual exceeding their legal authority or jurisdiction.

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Delegation of Legislative Power

This refers to the transfer of law-making authority from one body (e.g., Parliament) to another (e.g., a minister).

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Parliamentary Privilege

This concept provides special protection to members of Parliament, ensuring their freedom of speech and their ability to perform their duties without fear of legal action.

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Administration of Justice

This refers to the process of applying the law to resolve disputes and enforce rights.

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McDonald v Bord na gCon

This case established a five-point test to determine if a body is administering justice, ensuring that only courts can hold this power.

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Locus Standi

This legal term refers to the right of a person to bring a legal action or challenge a decision.

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Naisiunta leictreach contraitheoir Eireann v Labour court

This case dealt with the validity of Sectoral Employment Orders (SEOs) made by the Labour Court, testing if the court had the power to register these agreements and if they were constitutional.

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Conway v An Bord Pleanála

This case raised the question of whether the Minister for Environment had been given too much power in relation to planning decisions, potentially violating the Oireachtas' exclusive right to make laws.

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Article 34.1 and 37.1 of the Constitution of Ireland

These articles deal with the administration of justice and the independence of the judiciary. They guarantee that the courts are free from interference and are responsible for upholding the law.

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Workplace Relations Act 2015 and the Unfair Dismissals act 1977

These laws govern employment relations, including issues like unfair dismissal and worker protections.

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Zalewski v Adjudication Offices & Ors

This case involved a challenge to the constitutionality of sections of the Workplace Relations Act 2015 and Unfair Dismissal Act 1977, focusing on issues of fairness and due process.

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Justiciable Issue

A legal question that a court can consider and decide. It must be a real dispute between parties, not just an abstract policy question.

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NTO (National Transition Objective)

A specific target set for achieving a goal, like reducing carbon emissions by a certain year.

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Specificity in a Plan

The details and clarity of a plan are clear enough to evaluate if it's achievable and credible.

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Conflict of Interest

A situation where an individual has a personal interest that could influence their judgment on a matter, potentially leading to bias.

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Legitimate Exercise of Power

An action taken by the government that is authorized by the constitution or law.

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Inadvertent Disregard of Rights

When a government action unintentionally or unknowingly violates someone's fundamental rights.

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Home-Schooled Students' Rights

The right of home-schooled children to access education and opportunities, protected by the Constitution.

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5-Point Test

A set of criteria used by courts to determine if a process amounts to the 'administration of justice' as required by the Constitution.

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Limited Functions of Judicial Nature

Powers and duties of a non-court body that involve resolving disputes and applying legal principles, but restricted to a specific area.

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Article 37 of the Constitution

This article safeguards the right to access the courts for the administration of justice - even by non-court bodies carrying out limited judicial functions.

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Judicial Independence

The principle that judges operate free from undue influence by the government or other external forces, ensuring impartiality.

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Delaney v PIAB

A landmark case that challenged the constitutionality of Personal Injury Guidelines, questioning the proper role of the judicial council and the executive.

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Executive Power of the State

The power to implement and enforce laws, which in Ireland rests with the Government, not the President.

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Dail Eireann

The Irish Parliament with the power to select the Taoiseach (Prime Minister), approve ministers, and hold the government accountable.

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Government/Taoiseach

The executive branch, headed by the Taoiseach, responsible for implementing laws and making decisions.

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Prerogative Powers

Inherent rights and powers of a sovereign state, particularly concerning matters like controlling borders and international relations.

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President of Ireland

The head of state, primarily symbolic, representing the nation in international relations.

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Franchise

The right to vote in elections.

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Nomination (Presidential Election)

The process of selecting and proposing a candidate for the presidential election.

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Presidential Terms in Ireland

The President of Ireland serves a seven-year term and can be elected for a maximum of two terms. A high level of political consensus is necessary to remove a President.

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President's Powers: Rubber Stamp?

The President of Ireland is often viewed as a figurehead, primarily endorsing decisions made elsewhere. However, they have independent judgment in key areas.

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President's Independent Judgments

The President of Ireland has independent decision-making power regarding referring bills to the Supreme Court, refusing a dissolution of the Dail, and resolving conflicts between the Dail and Seanad.

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President's Historical Role

Until the 1990s, the Irish President was primarily seen as a symbol of national unity and political consensus. Mary Robinson shifted this role by subtly promoting specific values and ideas.

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President's External Functions

Before the 1948 Republic of Ireland Act, the British King fulfilled external functions like international relations. This role was then transferred to the President of Ireland.

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Double Lock on Presidential Powers

The Irish President's powers are subject to a double lock. First, they are conferred by law. Second, Article 5 limits the government's foreign policy conduct, further restricting the President.

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Dualist System in Irish Law

Ireland's legal system is dualist, meaning international agreements are not automatically part of domestic law unless the Oireachtas (parliament) incorporates them.

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Oireachtas's Role in Treaties

The Oireachtas decides how and when international treaties become part of Irish domestic law. It controls the extent of the treaty's application.

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EU Law and Irish Regulations

Ministers in Ireland have significant power to make regulations implementing EU law. But, this power is limited by relevant EU law.

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S 3 of the European Communities Act

This section allows ministers to make regulations to implement EU law. Its application is guided by the principles and policies found in relevant EU measures.

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Amendments to S3 (2007)

In 2007, S 3 was amended to allow for the creation of indictable offences within certain limitations, expanding the power to implement EU law.

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Treasure Trove and the State

In Ireland, treasure trove, valuable objects found in the ground, belongs to the state. However, finders may be entitled to a reasonable reward.

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Webb v Ireland: Treasure Trove

This case involved a father and son who found treasure trove on private land. The court ruled that treasure trove belongs to the State, but that the finders could claim a reasonable reward.

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Barlow v Minister: Mussel Fishing

This case involved fishing vessels registered in Northern Ireland fishing for mussels in Irish waters. The Supreme Court ruled that such activity violated the Irish constitution.

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Friends of the Irish Environment v Government: Climate Change

This case challenged the government's climate change plan, arguing it didn't adequately protect constitutional and human rights. The High Court rejected the challenge.

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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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