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6 Cards in this Set
- Front
- Back
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Maguire v Ardagh |
Oireachtas set up a committee of inquiry regarding a man who was shot. Would have potentially tarnished the names of certain Gardaí.
SC found it unconstitutional. Committees are fine but only if they assist with what the Oireachtas is intended for- legislation. This was outside their functions and would affect people outside the house. Contrary to article 40.3. |
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McGrath v McDermott |
Courts cannot make law, even if it's simply fixing an obvious and minor error. |
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Dubsky v Ireland |
Courts scared to interfere with executive process. State allowing stopovers in Shannon by US military. Would only interfere with clear, serious disregard of constitution. |
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Buckley v AG |
Act of the Oireachtas purporting to suspend a case before the high court and impose a legislative result was struck down as unconstitutional. |
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Cracks in separation of powers. |
-Government hired and fired by Dáil.
-Government answerable to Dáil, depends on the Dáil for its creation and survival. TD may be forced to resign if he loses support.
-Taoiseach elects 11 members of the Seanad when first elected, usually secures a majority for Government.
-President appoints all judges, on instruction of Government.
-Through judicial review, courts can supervise actions of Gov and Oireachtas, which may impeach a judge. |
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O'Reilly v Limerick Corporation |
Courts refused to order state to provide basic amenities. Would be ordering the State to spend finite resources in a particular way, a matter in the hands of elected representatives. However, courts will still step in regarding a "conscious and deliberate breach" of a constitutional right. |
