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15 Cards in this Set
- Front
- Back
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Election
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Art 12.1: the President ‘shall take precedence over all other persons in the State’
Art 12.1: makes provision for additional powers and functions for President conferred ‘by law’ President elected by direct vote of the people. Election regulated by law and subject to rules of electoral equality Term of office: 7 years Candidates must be nominated by either not less than 20 members of House of the Oireachtas or by Councils of not less than four administrative counties. |
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Other Offices / Oath
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Art 12.6.3: President shall not enjoy or hold any other office or position of emolument
President’s pay cannot be diminished during term of office President makes Oath upon entering office |
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Responsibility & Impeachment
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Art 13.8.1: President not answerable in performance of powers and functions
State (Walshe) v Murphy: when President not exercising discretion, but exercising powers on advice of Government, function is open to judicial review. |
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State (Walshe) v Murphy (1981)
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When President not exercising discretion, but exercising powers on advice of Government, function is open to judicial review.
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Removal from Office
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(i) Permanent Incapacity (Art 12.3.1) Must be established by at least 5 Supreme Court judges.
(ii) Stated misbehaviour (Art 12.10.1) What is meant by ‘stated misbehaviour’? Art 12.10.2: the charge against the President must be proffered by either House of the Oireachtas. Need two thirds vote in support The other House shall investigate charge After investigation, resolution must be passed, supported by at least two thirds of the investigating House Resolution operates to remove President from office |
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Powers
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Limitations
Exercisable “on the advice of government” Advice of Taoiseach or consult Council of State |
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Consult Council of State
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To convene meeting of Houses
To communicate with Oireachtas or address Nation To refer possible Money Bill to a Committee of Privileges To concur with abridgement of time in passing of Bill To make Art 26 reference to Supreme Court or make decision on petition under Art 27 |
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Absolute Discretion- Art 13.2.2
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Can refuse to dissolve Dail if Taoiseach has lost support
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Other
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Sign Bills to make them law
Command of Defence Forces (regulated by law) Right of Pardon (commute/remit ) (other authorities also have this power) |
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Advice of Taoiseach
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Appoint Taoiseach and members of government and accept resignations
Accepts resignation or terminate appointment of members of government |
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Art 26 Procedure
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President may refer Bill to the Supreme Court for ruling on validity (‘repugnancy’)
Applies to any Bill passed by Oireachtas (other than a Money Bill, Bill proposing to amend Constitution, Bill where time for Seanad to consider has been abridged) President must first consult with Council of State President can refer whole Bill (Re Article 26 and the Employment Equality Bill 1997) Or part of Bill (Re Article 26 and the Planning and Development Bill 1999) President has 7 days to make reference Once made, cannot sign until Supreme Court decision Not less than 5 Supreme Court Judges Attorney General on behalf of government, Counsel assigned by Court to argue other side Supreme Court has 60 days to make decision Single judgment delivered If Supreme Court holds Bill is repugnant to Constitution, President cannot sign Bill has presumption of constitutionality (Exception is Article 26 and the Equal Status Bill, 1997) Re Article 26 and the Equal Status Bill, 1997: if whole Bill referred, Court examines whole Bill, even after finding one provision repugnant |
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Art 26 - Strengths
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Tested before harm caused to public
Not otherwise possible for some affected to bring a challenge eg: refugee State knows can never be challenged again Presumption of Constitutionality applies (except) Equal Status Bill 1996 Refer part only (Part V of Planning Development Act 1999) President must decline to sign if found unconstitutional |
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Art 26 - Weaknesses
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Only President may refer not public
Hypothetical effects only being argued - some not envisaged Cannot later challenge (Re O Laighleis [1960]) 60 days only to consider Cannot hear evidence (Housing (Private Rented Dwellings) 1981) (for example from expert witness) One section can bring down whole bill if all referred Ratio does not bind later cases in same way (Ryan v AG (1965)) |
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Presidential Commission
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Art 14: in some circumstances a Commission takes place of President
Absence of President Temporary / permanent incapacity Death, resignation, removal from office, failure to exercise powers Consists of: Chief Justice, Chairman of Dail & Chairman of Seanad. |
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Council of State
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Art 31: to ‘aid and counsel’ the President
Art 31.2: membership Art 31.5: every member holds office until successor of President entered office |
