Constitution

Separation of Powers

Separation of Powers The Constitution provides for a separation of powers. This principle is found in the Constitutions of most western democracies. The lawmaking power, the executive or administrative power and the courts are largely separated.… Read the rest

Liberty & Criminal Law

The protection of person’s liberty is deemed to be fundamental. For this reason many constitutional rights relate have been developed in the context of criminal law. In particular the position in relation to arrest, bail, detention, trial and imprisonment is strictly subject to constitutional right.… Read the rest

Constitutionality

Challenging Constitutionality The constitutionality of laws can be challenged by private parties in proceedings. There are two slightly different procedures which apply depending on whether the laws are made prior to or after 1938. In the case of post-1938 legislation, the Supreme Court must deliver a single judgment.… Read the rest

Constitutional Rights

Scope Constitutional rights apply primarily to natural persons who are Irish citizens. The Courts have recognised that citizens of other countries may rely on most constitutional rights. The rights are recognised rather than granted by the Constitution.… Read the rest

Basic Institutions of the State I

1922 Constitution The present Constitution was adopted in 1937. It replaced the 1922 Irish Free State Constitution, which arose out of the Anglo-Irish Treaty of 1921. The 1922 Constitution had provided a role for the King, acting through a Governor General, equivalent to the President in the 1937 Constitution. … Read the rest

Basic Institutions of State II

Taoiseach The Constitution lays down details regarding the Constitution and organisation of the government and the Courts. The head of the government is the Taoiseach or Prime Minister. In practice, the Irish designation is invariably used.… Read the rest

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