Structure, classification + equity Flashcards
what do all laws ultimately derive from?
the constitution
what does the constitution set up?
the various organs which create law, interpret law, adjudicate law and enforce law
what will happen to any laws that does not conform to the constitution?
it will be struck down by
the courts
what is found in articles 1-39
Rules dealing with the structure, composition, functions and interrelationships of the principal organs of state.
how many organs of state are there?
3
what are the 3 organs of state?
- the legislature
- the executive
- the judiciary
what is the legislature?
the law-making body
what is the legislature also known as in Ireland?
the Oireachtas
what is the Oireachtas made up of?
It is made up of the Dáil, the Seanad and the President
what is the function of the Oireachtas?
to enact legislation
what must happen to every piece of legislation
must be passed by both houses and then signed into law by the President
what is the executive also known as?
the government
what does the executive consist of?
the Taoiseach and up to 14
ministers
what is the function of the executive?
to make policy and apply it
what is each minister in the executive?
head of a department of the Civil Service
what is the function of the judiciary?
to administer justice
what does the Judiciary consist of?
the judges of the Irish courts
what is the idea behind the doctrine of separation of powers?
if the various functions of state are
divided among different bodies, no one organ of state will have sufficient power to dominate the others.
what is there a danger of due to the organs of state having a great deal of power?
abuse of power if too much power were concentrated in one organ of state
who creates the law?
the legislature
who is responsible for policy?
the executive
who adjudicates on and interprets the law?
the judiciary
If the Legislature passes an unjust
law, what can happen?
it can be overturned by the courts
what are the three interrelated notions at the heart of the Rule of Law?
-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
