The Separation of Powers Article 15.2.1 of the Constitution provides that the sole and exclusive power of making laws for the State is hereby vested in the Oireachtas. No other legislative authority has power to make any laws for the State. Article 28.2 provides that the executive power of the State shall, subject to the provisions of the Constitution, be exercised by or on the […]
The Oireachtas The Irish Constitution delineates the functions of the Oireachtas, comprising Dáil Éireann, Seanad Éireann, and the President. The Houses of the Oireachtas is to convene in or near Dublin or as otherwise determined. Sessions must be public, though a two-thirds majority can approve private sittings in special emergencies. The Constitution vests lawmaking power in the Oireachtas. It may delegate authority to create detailed […]
Establishment of Superior Courts The Courts of Justice Act, 1924 reestablished the courts under the Irish Free State Constitution. Most of the courts and court offices as then established have continued to the present day. The Courts of Justice Acts, amended from time to time, regulate the courts, court officers and court business. See generally the sections on the courts of justice legislation. The Supreme […]
Power to Make Laws The sole and exclusive power of making laws is vested in the Oireachtas. The Oireachtas comprises the Dáil, the Seanad and the President. The President’s role is largely formal. Article 15.2 of the Constitution permits the creation and recognition of subordinate legislatures and the conferring of powers on them. Similarly, Article 15.3 permits the establishment and recognition of functional or vocational […]
Elections Article 16 provides for Dáil elections in general terms. The maximum duration of a Dáil is seven years under the Constitution. However, it is fixed at five years by the Electoral Act. Presidential elections are to take place every seven years. Seanad elections are to be held within 90 days of the dissolution of the Dáil. Between elections, a vacancy in a Dáil seat […]
Taoiseach & Tánaiste The Taoiseach’s duties under the Constitution include the nomination of Ministers, the acceptance of resignation, the nomination of persons to the Seanad and the notification to the President of the removal of certain officers of State, e.g. the Attorney General, Comptroller and Auditor General and judges. He advises the President in relation to the dissolution and summonsing of the Dáil. He is […]
The Judicial Power Decisions of Government as to the appointment of judges to committees, tribunals of inquiries and boards have been upheld as valid (Haughey v. Moriarty). Similarly, administration of justice type functions have been held to be validly conferred on judges. Neither the legislature nor the executive may interfere with the courts in their judicial / adjudicative functions. In Buckley v. Attorney General, the […]
Separation of Powers The Constitution provides for a separation of powers. This principle is found in the Constitutions of most Western democracies. The lawmaking power, the executive or administrative power and the courts are largely separate. Each body or organ of the State should not trespass on another. This is a traditional idea dating back many hundreds of years. It is designed to prevent corruption […]
Taoiseach The Constitution lays down details regarding the administration and organisation of the government and the Courts. The head of the government is the Taoiseach or Prime Minister. In practice, the Irish designation is invariably used. The Taoiseach is appointed by the President on the nomination of the Dáil. The Taoiseach must be a member of the Dáil. The Taoiseach is the head of government […]
Oireachtas – the Dáil The Oireachtas is the national parliament of Ireland. It consists of the Dáil (lower house) and Seanad (upper house). Details of how it is elected and its powers are set out in the Constitution. The Oireachtas has the sole law-making power in the land. In practice, however, the government, through the political process, usually controls the lawmaking agenda. The Dáil appoints […]
Role The President is Head of State. In this capacity, he plays a number of roles. Most are ceremonial in nature and/or are performed on the advice of the Government. In these cases, the President has no discretion. There are a relatively small number of functions where the President has a genuine discretion as to their exercise. In these latter functions, the President acts as […]