Constitution and Fundamental Rights

What is the Constitution?

The Constitution is the fundamental legal document that outlines how a state is governed and establishes the rights of its citizens.

What is constitutional law?

Constitutional law deals with the interpretation and implementation of the Constitution, including the organization of government and the protection of fundamental rights.

What are fundamental rights?

Fundamental rights are basic human rights guaranteed by the Constitution that protect individuals from state interference.

Name 5 fundamental rights under the Irish Constitution.

Right to life, personal liberty, equality, freedom of expression, and right to education.

What Article of the Irish Constitution deals with personal rights?

Article 40.

What does Article 40.3.1 state?

The State guarantees to respect and defend the personal rights of the citizen.

What is the role of the courts in protecting constitutional rights?

Courts interpret the Constitution and can strike down laws that violate fundamental rights.

What is judicial review?

The process by which courts assess the constitutionality of laws or actions by the State.

What is the separation of powers?

A constitutional principle dividing the functions of government among the legislative, executive, and judicial branches.

Why is the separation of powers important?

It prevents any one branch from becoming too powerful and protects individual freedoms.

What is the doctrine of proportionality in constitutional law?

The principle that a law restricting rights must be appropriate and necessary to achieve its goal.

Can fundamental rights be limited?

Yes, but any limitation must be proportionate and justified in a democratic society.