Most of the medical professions, solicitor\u2019s profession, the bar, architects are subject to detailed statutory regulation. Persons may not practice the relevant profession or activity without being registered or licensed. There are ongoing obligations to comply with codes of conduct in practice. The bodies may investigate complaints and misconduct. Disciplinary procedures with significant sanctions may be provided for. The sanction may extent to suspension of licence to practice and striking off.<\/p>\n
In an early case under the Constitution, Re Solicitors Act, 1954, it was held that the powers of the Law Society Committee constituted the administration of justice. It did not comprise judicial functions of a limited nature because of the far-reaching effect of the decisions on the persons affected.<\/p>\n
The effect of the legislation is that most statutory regulations provide that the ultimate decision in respect of far-reaching sanction such as striking off, in particular, striking off must be made by a judge. Commonly, the bodies undertake the requisite investigatory functions. They restrict fair procedures and constitutional justice rights apply. The exercise of the powers has the most far-reaching effect on the liberties, fortunes and reputations of those against whom they are exercised.<\/p>\n
In Gagan v. Institute of Chartered Accountants, the Institute’s disciplinary powers were held not to constitute the administration of justice because they were based on a contract.<\/p>\n
Under most modern schemes of regulations, the committees’ findings of misconduct and recommendations are made subject to an application to the court. The court imposes the final sanction so as to ensure that they need not constitute the administration of justice.<\/p>\n
European Court of Human Rights cases have held that there should be an impartial element in the composition of tribunals making decisions regarding professional discipline. This is to ensure a sufficient quality of impartiality.<\/p>\n
FIn TD v. Commissioner of An Garda S\u00edoch\u00e1na, it was held that the dismissal of a member of Garda S\u00edoch\u00e1na did not require confirmation by a court. The Supreme Court sought to differentiate between professions and activities which had been historically supervised and disciplined by the courts.<\/p>\n\n
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Directive Principles of Social Policy The so-called directive principles of public policy are not recognised as a basis for holding legislation invalid. However, account may be taken of them in interpreting the Constitution. Article 45.2 provides: the State, in particular, shall direct its policy towards securing: that, especially the operation of free competition shall not […]<\/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":[37,164],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/985"}],"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=985"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/985\/revisions"}],"predecessor-version":[{"id":988,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/985\/revisions\/988"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=985"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=985"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=985"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}