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The Constitution of Ireland (Irish: Bunreacht na hÉireann, pronounced [ˈbˠʊnˠɾˠəxt̪ˠ n̪ˠə ˈheːɾʲən̪ˠ]) is the fundamental law of Ireland.It asserts the national sovereignty of the Irish people.
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 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 ...
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 Supreme Court was formally established on 29 September 1961 under the terms of the 1937 Constitution of Ireland. [1] [2] Prior to 1961, a transitory provision of the 1937 Constitution permitted the Supreme Court of the Irish Free State to continue, though the justices were required to take the new oath of office prescribed by the 1937 Constitution. [3]
The provision in the amended Article 2 quoted above that "It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation" was affected by the Twenty-seventh Amendment of the Constitution of Ireland, passed in 2004. That amendment did not alter the text of ...
Unlike in the United Kingdom, where membership to the European Communities was the subject of continued political debate and a post-accession referendum, in Ireland the outcome of the Third Amendment referendum immediately settled the issue of Ireland's place in Europe amongst both the Irish people and its politicians.