CONSTITUTIONAL INTERPRETATION

Question 1

Definition of the 1937 Constitution

Answer 1

A fundamental living, breathing document with a dynamic nature capable of accommodating societal developments to maintain its relevance and effectiveness.

Question 2

Main architect of the 1937 Constitution:

Answer 2

The main architect of the 1937 Constitution was the Irish patriot and politician Eamon de Valera, who was conservative and held strong religious believes, which exemplifies the significant and quite clear influence of the Catholic Church in the document.

Question 3

What are the FIVE distinct interpretations to the 1937 Constitution?

Answer 3

1) Literal Interpretation;
2) The Doctrine of Harmonious Approach;
3) The Historical Approach;
4) The Natural Law Approach;
5) The Pur

Question 4

What are the FIVE distinct interpretations to the 1937 Constitution?

Answer 4

1) LITERAL INTERPRETATION:

• The literal interpretation of the 1937 Constitution refers to the analysis of the words and provisions of the document according the their ordinary, common and plain meaning.
• Consequently, this type of interpretation leads to the limitation of the judges’ freedom to explain and understand the law.
• The literal interpretation of the Constitution has also faced a couple of challenges and is argued to lead to:

a) Rigid decisions;
b) Conflicting provisions;
c) Failure to account for changes in society;
d) Overlook of the broader purposes of the provisions.

Question 5

INTRO OF TOPIC!!!

Answer 5

• The 1922 Constitution was also known as the Constitution of the Irish Free State and prescribed a TRIPARTITE or a separation of the powers of the state:

a) Executive;
b) Legislative;
c) Judiciary.

• The 1922 Constitution did not recognize the six northern counties (northern Ireland) and although it acquired a certain level of independence, the country remain part of the British Commonwealth.
• However, the Constitution of the Irish Free State was short-lived and had been virtually DISMANTLED/dismantled by the year of 1936.
• In 1937, the Dàil alone debated and approved a new text for the Constitution, which was then put to referendum and in December of that same year came into force.
• The main architect of the 1937 Constitution was the Irish politician and patriot Eamon de Valera, who was also known for being exceptionally conservation and for holding strong religious beliefs, which exemplifies the evident and significant influence of the Catholic Church in the document.
• The very definition of the 1937 Constitution is that it is a fundamental living and breathing document with dynamic nature, capable of accommodation societal developments the modifying the interpretations to preserve its effectiveness and relevance.
• The 1937 Constitution sets out how the country should be governed and embarks on ACCOMPLISHING three core objectives:

a) Article 2.3 and 29.8 of the Constitution establishes that the Irish Law can have “extraterritorial effect”;
b) Article 12 and 37 of the Constitution established the institutions of the State;
c) Article 38 and 40-44 states the various crucial freedoms and rights of each citizen.

Question 6

Presumption of Constitutionality?

Answer 6

Article 15.4 of the 1937 Constitution states that the OIERACHTAS shall NOT ENACT LEGISLATION which is UNCONSTITUTIONAL!!!

All laws are presumed to be in accordance with the provisions of the Constitution unless proven differently.

Question 7

Doctrine of Separation of Powers?

Answer 7

1) LEGISLATIVE: Article 15.2 provides that only the OIERACHTAS can make law on behalf of the State;

2) EXECUTIVE: Article 28.2 provides that the executive power is to be exercised uniquely by the Irish government;

3) JUDICIARY: Article 34.1 provides that no other body other than the judges can determine the outcome of legal disputes, legal penalties or liabilities.

Question 8

Article 40.3 of the 1937 Constitution!

Answer 8

• Article 40.3 of the 1937 Constitution lays down the essential freedoms, numerated and unenumerated rights of every citizen.
• Initially, it was believed that the Article 40.3 covered uniquely the rights and freedoms explicitly listed in the document. However, this perception was changed after the Supreme Court case of “Ryan v. A.G” in 1965!
• The Supreme Court determined that bodily integrity was an implied unenumerated personal right included in the article.

Question 9

Ryan v. AG (1965)

Answer 9

• Plaintiff challenged the constitutionality of the “Health (Fluoridation and Water Supplies) Act 1960”, claiming that the fluoridation of the water was harmful to her and her children’s health and stating that the law violated her right to bodily integrity. Although it was not a right explicitly stated in the Article 49.3 of the Constitution, the Supreme Court did recognize that bodily integrity was an implied unenumerated personal rights. HOWEVER, her claim was unsuccessful since she was not able to prove that the water was in fact injurious to her health.
• This case changed the perception abt the rights and freedoms of every individual.

Question 10

2) THE HISTORICAL APPROACH:

Answer 10

• The historical approach considers the historical context in which the constitution was drafted and attempts to fully understand the intentions and perspective of what exactly its drafters sought to achieve.
• Considered to be INCONSISTENT with the dynamic nature and changing aspect of the Constitution.