FE-1 Constitutional Law

Question 1

Under the Irish Constitution (Bunreacht na hÉireann 1937), what is the doctrine of constitutional review as established in Byrne v Ireland [1972]?

Accepted Answer

The State can be sued in its own courts, abolishing the old prerogative immunity — the Constitution impliedly waived State immunity from suit

Answer

The Oireachtas has absolute sovereign power that cannot be reviewed by any court

Answer

Constitutional review was first established by the European Convention on Human Rights Act 2003

Answer

The President has final authority to determine the constitutionality of legislation

Question 2

What is the significance of Article 15.2.1° of the Irish Constitution?

Accepted Answer

It vests the sole and exclusive power of making laws for the State in the Oireachtas, preventing delegation of primary legislative power

Answer

It establishes the President as head of government

Answer

It creates the Supreme Court as the highest court in the land

Answer

It grants citizens the right to vote in referenda

Question 3

In constitutional law, what is the 'unenumerated rights' doctrine as developed in Ryan v Attorney General [1965]?

Accepted Answer

The Irish courts can identify and enforce personal rights not explicitly listed in the Constitution through Article 40.3, because the Constitution is a living document

Answer

Only rights explicitly listed in the Constitution are enforceable

Answer

Rights not listed in the Constitution are entirely matters for the Oireachtas

Answer

Unenumerated rights were abolished by the 2019 referendum

Question 4

What is the role of a constitutional referendum under Article 46 of the Irish Constitution?

Accepted Answer

Any amendment to the Constitution requires a bill passed by both Houses of the Oireachtas, submitted to the people in a referendum, and signed by the President

Answer

The Supreme Court can amend the Constitution without a referendum

Answer

A referendum can be initiated by a petition signed by 100,000 citizens

Answer

Amendments can be made by a two-thirds majority of the Oireachtas without a referendum

Question 5

What is the principle of proportionality in the context of Irish constitutional rights?

Accepted Answer

Where a law restricts a constitutional right, it must be rationally connected to a legitimate objective and restrict the right no more than necessary to achieve that objective

Answer

All constitutional rights are absolute and cannot be restricted under any circumstances

Answer

Rights can be restricted whenever the Oireachtas deems it necessary without any judicial review

Answer

Proportionality only applies to property rights under Article 43

Question 6

Under Article 34 of the Irish Constitution, what courts constitute the courts of first instance?

Accepted Answer

The High Court and the Circuit Court and District Court as courts of limited jurisdiction established by law

Answer

The High Court only

Answer

The Supreme Court and Court of Appeal

Answer

The Special Criminal Court exclusively