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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 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]
The Law Society of Ireland, the professional body for solicitors, recommended that its members advise clients to vote yes. [23] [24] The Bar Council of Ireland, the body for barristers, also called for a Yes-vote. [25] [26] The Irish Farmers' Association advised farmers to support the bill to reduce delays in litigation. [27] [28]
The Constitution (Amendment No. 27) Act 1936 was an amendment to the Constitution of the Irish Free State that removed all reference to the King, to the office of Governor-General, and almost completely eliminated the King's constitutional role in the state. Under the Act most of the functions previously performed by the King and his Governor ...
The Thirty-first Amendment of the Constitution of Ireland, which took effect in 2015, added a new Article 42A on Children. It included a section which allowed for the adoption of any child, allowing for the first time the adoption of children of a marital family, as had been proposed in the amendment rejected in the Seanad in 1979.