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

In Byrne v Ireland, the Supreme Court held that the 1937 Constitution impliedly abolished the prerogative of State immunity from suit and that the State could be vicariously liable for the torts of its servants. This was a landmark in State liability.

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

Article 15.2.1° provides that the sole and exclusive power of making laws for the State is vested in the Oireachtas. This prevents the delegation of primary legislative power and was central to cases like Cityview Press v An Chomhairle Oiliúna [1980].

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

In Ryan v AG, Kenny J held that Article 40.3 protects 'personal rights' including rights not explicitly enumerated in the text. The right to bodily integrity was recognised. This doctrine has been used to recognise privacy, marital rights, and other rights.

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

Article 46 requires that any constitutional amendment bill be passed by both Houses of the Oireachtas, submitted to a referendum of citizens, and if approved, signed by the President. The people, not the courts or parliament alone, are sovereign.

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

Proportionality, as applied in cases like Heaney v Ireland [1994], requires that restrictions on constitutional rights pursue a legitimate aim, be rationally connected to that aim, impair the right as little as possible, and that effects are proportionate to the objective.

FE-1 Practice Test

FE-1 Practice Test

FE-1 Constitutional Law