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The Constitution of Ireland (Irish: ... a separation of powers and judicial review. It is the second constitution of the Irish state since independence, ...
Constitution of Ireland, Separation of Powers Bederev v Ireland , [2016] IESC 34; [2016] 3 IR 1, [2016] 2 ILRM 340 [ 1 ] is an Irish Supreme Court case which overturned the Court of Appeal's decision that declared s 2 (2) of the Misuse of Drugs Act 1977 unconstitutional on the grounds that it infringed on the exclusive authority of the ...
Ardagh v Maguire [2002] IESC 21; [2002] 1 IR 385 [1] was a landmark Irish Supreme Court case on the separation of powers under the Constitution of Ireland.The Court ruled that the holding of an inquiry by the Joint Oireachtas [national parliament] Subcommittee was acting outside the constitutional powers of the Houses of the Oireachtas. [2]
The Irish Constitution was enacted by a popular plebiscite held on 1 July 1937, and came into force on 29 December of the same year. [3] The Constitution is the cornerstone of the Irish legal system and is held to be the source of power exercised by the legislative, judicial and executive branches of government.
The question raised was whether section 13 was outside the remit of the separation of powers doctrine. Mr Gilligan essentially argued that he was being denied equality of treatment. The counsel on his behalf made reference to Articles 40.1, 40.3.1 and 40.3.2 of the Irish Constitution to support his claim that he was subject to discrimination ...
In September The Irish Times commented that "no body of opinion has yet emerged to oppose the amendment". [24] In the Irish Independent, Dearbhail McDonald criticised both proposed amendments as "evidence of a new strain of executive mission creep: a barely disguised power grab by politicians to undermine the separation of powers."
The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. [1]
2° Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established ...