The constitution

Question 1

what is the constitution ?

Answer 1

The basis of the legal and governmental structure of the modern state is its Constitution

Question 2

what does the constitution set out ?

Answer 2

The Constitution sets out the basic laws and political procedures required to run a state

Question 3

what is the constitution made up of ?

Answer 3

• institutions of the state
• fundamental rights and social policy
• Amendment
• repeal of the 1922 constituion

Question 4

describe the 1922 constitution

Answer 4

The 1922 Constitution contained an outline of the principal State institutions; human rights; influenced by 18th century revolutions in the US and in France

Question 5

how can the constitution be amended ?

Answer 5

The constitution can only be amended by way of referendum

Question 6

what power does the high court and supreme court have ?

Answer 6

HC and SC empowered to declare invalid any common law/ legislative rule, which is in conflict with Constitution

Question 7

what is the basic legal structure - the Separation of Powers ?

Answer 7

the three parts are :

• The courts
• The legislature,’ The oireachtas’
• The executive

Question 8

what is the function of the legislative branch ?

Answer 8

Oireachtas makes the laws

Question 9

what is the function of the Executive Branch

Answer 9

Executive power of the State “shall be exercised by or on the authority of the Government”.

Question 10

what is the function o the judicial branch

Answer 10

Interprets the law.

Question 11

what are unconstitutional laws ?

Answer 11

• Laws and acts that offend the Constitution are referred to as ‘unconstitutional’
• Unconstitutional laws cannot be lawfully enforced or acted upon
• It is the Courts that declare whether a law is constitutional or unconstitutional

Question 12

how do the courts declare whether a law is unconstitutional or constitutional ?

Answer 12

• An Article 26 reference where the President refers a bill that might offend the Constitution to the Supreme Court
• A person (Plaintiff) brings a case to court and challenges the constitutionality of a particular law

Question 13

describe the article 26 procedure

Answer 13

The President (after consulting the Council of State) refers a Bill to the SC for a view as to its constitutionality; decision within 60 days

Question 14

an example where the article 26 procedure was used ?

Answer 14

The Employment Equality Bill, 1996[1997] 2 IR 321

Question 15

what are unenumerated rights ?

Answer 15

rights that are not absolute

Question 16

what is the literal approach

Answer 16

Words (text) guide interpretation (grammatical approach); ordinary /everyday meaning is given unless qualified by the Constitution; prevents judicial subjectivity

Question 17

what is the historical approach ?

Answer 17

they look at what did framers of the constitution intend ?

Question 18

what is Natural Law?

Answer 18

‘Natural law’: individuals endowed with natural rights because of their human personality; rights superior to any ‘man-made’ / positive rights