Tribunals having but a few powers and functions but those of far-reaching effect and importance could not properly be regarded as exercising limited powers and functions. The test as to whether power is or is not limited lies in the effect of the assigned power when exercised. If the exercise of the assigned power and function is calculated ordinarily to affect in the most profound and far-reaching way, the life, liberties, fortunes, or reputation of those against whom it has been exercised, they cannot properly be described as limited.<\/p>\n
In Re Solicitors Act, the Supreme Court held that the disciplinary functions and in particular, striking off were not the exercise of a limited function or power of judicial nature. This function has been traditionally exercised by judges. The solicitor could be ordered by the committee to make compensation or restitution to clients.<\/p>\n
In M v The Medical Council, it was held that the Medical Practitioners Act 1978 was constitutional because the relevant fitness of the practice committee was authorised to make findings as to misconduct followed by application to the High Court for the imposition of a sanction of more serious sanctions.<\/p>\n
Provisions in Bord na gCon’s rules which provides power discipline was held not to be either judicial or even judicial in the limited sense of Article 37. Similarly, adjudication by the Institute of Chartered Accountants on disciplinary matters was held to be contractual in nature, and it did not involve the administration of justice.<\/p>\n
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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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[39],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1011"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1011"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1011\/revisions"}],"predecessor-version":[{"id":18778,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1011\/revisions\/18778"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1011"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1011"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1011"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}