Structure, classification + equity Flashcards

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1
Q

what do all laws ultimately derive from?

A

the constitution

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2
Q

what does the constitution set up?

A

the various organs which create law, interpret law, adjudicate law and enforce law

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3
Q

what will happen to any laws that does not conform to the constitution?

A

it will be struck down by
the courts

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4
Q

what is found in articles 1-39

A

Rules dealing with the structure, composition, functions and interrelationships of the principal organs of state.

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5
Q

how many organs of state are there?

A

3

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6
Q

what are the 3 organs of state?

A
  1. the legislature
  2. the executive
  3. the judiciary
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7
Q

what is the legislature?

A

the law-making body

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8
Q

what is the legislature also known as in Ireland?

A

the Oireachtas

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9
Q

what is the Oireachtas made up of?

A

It is made up of the Dáil, the Seanad and the President

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10
Q

what is the function of the Oireachtas?

A

to enact legislation

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11
Q

what must happen to every piece of legislation

A

must be passed by both houses and then signed into law by the President

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12
Q

what is the executive also known as?

A

the government

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13
Q

what does the executive consist of?

A

the Taoiseach and up to 14
ministers

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14
Q

what is the function of the executive?

A

to make policy and apply it

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15
Q

what is each minister in the executive?

A

head of a department of the Civil Service

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16
Q

what is the function of the judiciary?

A

to administer justice

16
Q

what does the Judiciary consist of?

A

the judges of the Irish courts

17
Q

what is the idea behind the doctrine of separation of powers?

A

if the various functions of state are
divided among different bodies, no one organ of state will have sufficient power to dominate the others.

18
Q

what is there a danger of due to the organs of state having a great deal of power?

A

abuse of power if too much power were concentrated in one organ of state

19
Q

who creates the law?

A

the legislature

20
Q

who is responsible for policy?

A

the executive

21
Q

who adjudicates on and interprets the law?

A

the judiciary

22
Q

If the Legislature passes an unjust
law, what can happen?

A

it can be overturned by the courts

23
Q

what are the three interrelated notions at the heart of the Rule of Law?

A

-Everyone is subject to the law.
-The law must be public and precise.
-The law must be enforced by some independent body, principally the court system

24
Q

what is central to the rule of law?

A

the idea of limited governmental power

25
Q

how does the government of society function?

A

according to legal rules which have been established in advance

26
Q

what is an individual entitled to?

A

fair notice of the laws which govern his conduct

27
Q

Legal subjects may be divided into three main
groupings:

A

-public law
-private law
-adjectival law

28
Q

what is public law?

A

governs relationship between the State and its citizens

29
Q

what is private law?

A

governs relationships between private citizens

30
Q

what is adjectival law?

A

deals with procedure

31
Q

what is criminal law?

A

deals with acts that break the law,
making the guilty party liable to punishment by the State

32
Q

what is civil law?

A

deals with disputes between private individuals in private law subjects

33
Q

what is the important distinction between a crime and a civil wrong?

A

the legal procedure which is set in motion and the outcome

34
Q

what is found in articles 40-44?

A

Provisions setting out the fundamental rights of individuals.