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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 Government was bound by the terms of the 1998 Good Friday Agreement to submit Articles 2 and 3 to amendment by referendum.As a result, the Nineteenth Amendment of the Constitution was adopted during June of the same year by 94% of those voting.
Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since the power to appoint carries ...
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 Madisonian model is a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial. This came about because the delegates saw the need to structure the government in such a way to prevent the imposition of tyranny by either majority or minority.
"The Irish Civil War and the Drafting of the Irish Free State Constitution: Collins, De Valera, and the Pact: A New Interpretation; Draft Constitution; Capitulation to the British". Éire–Ireland. 5 (4): 28– 70. Cahillane, Laura (2011). The Genesis, Drafting and Legacy of the Irish Free State Constitution (PhD). University College Cork.
Anglo-Irish Treaty: 1922 [n 1] Irish Free State [n 2] Enacted the Constitution of the Irish Free State, which had been drafted by a committee appointed by the Provisional Government, and which was then re-enacted at Westminster via the Irish Free State Constitution Act 1922: 8th Dáil: Elected: Irish Free State [n 3] 1937 [n 4] State of Ireland ...
Summary State (Burke) v Lennon [1940] IR 135 Imprisonment without trial; habeas corpus: Sinn Féin Funds case (Buckley and Others v the Attorney-General and Another) [1950] IR 67 Separation of powers and right to property McGee v The Attorney General [1974] IR 284, [1973] IESC 2 Right to privacy in marital affairs; ability to import contraceptives