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It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. [1]
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 ...
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.
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 ...
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]
The Irish government amended the Irish act in 1933, [9] and the 1937 constitution repealed the entire Free State constitution. [10] The UK Judicial Committee of the Privy Council ruled in 1935 that the 1933 Act had implicitly amended the UK Act with respect to the jurisdiction of the Free State.
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."
Under British constitutional legal theory, the Constitution of the Irish Free State (Saorstát Éireann) Act 1922 held the force of law because of the enactment of the United Kingdom's Irish Free State Constitution Act 1922. However, under Irish law the constitution "derived its authority not from the Act of the imperial parliament passed on ...