Constitutional Principles and Law Most constitutional principles are reflected in the existing law. The ordinary rules of civil law, civil and criminal procedures give effect, protect constitutional rights. Where a right is not being protected by legislation, delegated legislation, rules, administration action or practices, where it breaches constitutional requirements, the court will usually grant an […]
Category: Application & Effect
The Rule of Law
A Basic Cornerstone It is a fundamental principle of the Constitution that the State and State authorities must follow the rule of law. This requires that their actions be justified and mandated by law. The principles are seen in so-called administrative law, dealing with the relationships between government and quasi-governmental bodies and the citizen. The […]
Interpretation II or I
Presumption of Constitutionality The presumption of constitutionality reflects the proposition that those asserting a position must bear the onus of proving their claim. The Courts presume that the Oireachtas is aware of and have legislated in accordance with the Constitution. Generally, courts do not wish to strike down legislation readily, given its disruptive effect on […]
Interpretation
General Many fundamental freedoms and rights in the Constitution are expressed in very general terms. They are also subject to limitations, which were equally open and general. Most of the individual rights are actually are qualified in terms of public interest, common good. The starting point for interpretation, even in the Constitutional context, is the […]
Judicial Review of Laws
Express Power of Review The Irish Constitution allows for the judicial review of laws in relation to their compliance with the Constitution. The courts have express power to find a law whether made by the Oireachtas, a statutory instrument or otherwise made under the authority of statute, to be unconstitutional. This power is in marked […]
Effects between Citizens
Non-State Parties The Constitution binds the State and its various departments, bodies and agencies. Some cases have taken the view that the fundamental rights place obligations on private persons as well as the State. In Moyne v. Londonderry Port & Harbour Commissioners, it was stated: to succeed in a claim that the exercise of a […]
Constitutionality
Challenging Constitutionality The constitutionality of laws can be challenged by private parties in proceedings. There are two slightly different procedures which apply depending on whether the laws are made prior to or after 1938. In the case of post-1938 legislation, the Supreme Court must deliver a single judgment. There is a special procedure by which […]