Constitutional Law Flashcards

What is the separation of powers doctrine and how is it reflected in the Irish Constitution?

Answer: The Constitution distributes power between the legislature (Oireachtas), executive (Government), and judiciary (courts), with each branch limited to its own sphere

The separation of powers under the Irish Constitution distributes legislative power to the Oireachtas (Article 15), executive power to the Government (Article 28), and judicial power exclusively to the courts (Article 34). Each branch is prevented from encroaching on the others.

What is the constitutional significance of the Supreme Court case Crotty v An Taoiseach [1987]?

Answer: The ratification of the Single European Act required a constitutional referendum because it involved a transfer of sovereignty to the EC not contemplated by the Constitution

Crotty established that Irish participation in political cooperation aspects of the Single European Act required a constitutional amendment (referendum) because it went beyond what was authorised by the 3rd Amendment. It affirmed that the Government cannot bind the state to obligations requiring constitutional change.

Under Article 26 of the Irish Constitution, what is the President's reference power?

Answer: The President may refer a bill passed by both Houses (other than a money bill or constitutional amendment) to the Supreme Court to test its constitutionality before signing it

Article 26 allows the President to refer certain bills to the Supreme Court before signing. If the court upholds its validity, the bill must be signed, and that law can never again be challenged on those grounds (Murphy v Attorney General principle).

What fundamental rights are protected under Article 40.4 of the Irish Constitution?

Answer: The right to personal liberty — no citizen shall be deprived of their personal liberty save in accordance with law, with habeas corpus as the remedy

Article 40.4 protects personal liberty and provides the constitutional basis for habeas corpus (an inquiry as to the legality of detention). Any person unlawfully detained can apply to the High Court for an order of release.

What is the doctrine of harmonious interpretation in Irish constitutional law?

Answer: When two constitutional provisions appear to conflict, the courts attempt to interpret them in harmony rather than declaring one to override the other absolutely

Harmonious interpretation requires courts to read the Constitution as a coherent whole. When rights or provisions appear to conflict (e.g. rights of the family versus individual rights), the court seeks a reading that gives effect to both rather than treating one as absolute.

What is the constitutional position of the family under Articles 41 and 42 of the Irish Constitution?

Answer: The family based on marriage is recognised as the natural primary unit group of society with inalienable rights — the State must protect it and education is primarily a parental right

Articles 41 and 42 protect the marital family as the primary social unit and recognise education as primarily a parental right. The 31st Amendment (2012) also inserted Article 42A protecting children's rights, creating a more balanced framework.