Separation of Powers The Constitution provides for a separation of powers. This principle is found in the Constitutions of most western democracies. The lawmaking power, the executive or administrative power and the courts are largely separated. Each body or organ of State should not trespass on the other. This is a traditional idea dating back […]
The protection of person’s liberty is deemed to be fundamental. For this reason many constitutional rights relate have been developed in the context of criminal law. In particular the position in relation to arrest, bail, detention, trial and imprisonment is strictly subject to constitutional right. The Constitution largely underpins basic criminal procedure.The following board rights […]
Challenging Constitutionality The constitutionality of laws can be challenged by private parties in proceedings. There are two slightly different procedures which apply depending on whether the laws are made prior to or after 1938. In the case of post-1938 legislation, the Supreme Court must deliver a single judgment. There is a special procedure by which […]
1922 Constitution The present Constitution was adopted in 1937. It replaced the 1922 Irish Free State Constitution, which arose out of the Anglo-Irish Treaty of 1921. The 1922 Constitution had provided a role for the King, acting through a Governor General, equivalent to the President in the 1937 Constitution. It had also provided for an […]
Taoiseach The Constitution lays down details regarding the Constitution and organisation of the government and the Courts. The head of the government is the Taoiseach or Prime Minister. In practice, the Irish designation is invariably used. The Taoiseach is appointed by the President on the nomination of the Dail. The Taoiseach must be a member […]
Scope Constitutional rights apply primarily to natural persons who are Irish citizens. The Courts have recognised that citizens of other countries may rely on most constitutional rights. The rights are recognised rather than granted by the Constitution. Some rights particularly those relating to elections, rights of office are very clearly limited to citizens. The Courts have […]