Sources of Law in Ireland & Constitutional Law

Flashcards based on lecture notes on the Sources of Law in Ireland, focusing on Constitutional Law and its interpretation.

What is the Irish name for the Constitution of Ireland?

Bunreacht na hEireann

What are the key sources of law in Ireland?

Constitutional Law, Case Law, Legislation, European Union Law, International Law

What is the basis of the legal and governmental structure of a modern state?

The State's Constitution

In what year did the current Irish Constitution come into operation?

1937

How can the Irish Constitution be amended?

Referendum

What are the three branches of government in Ireland, according to the principle of separation of powers?

The Legislature (Oireachtas), The Executive, The Courts

Which article of the Constitution allows the President to refer a bill to the Supreme Court to assess its constitutionality before enactment?

Article 26

Which courts have exclusive jurisdiction to determine the constitutionality of laws in Ireland?

High Court, Court of Appeal, and Supreme Court

What is an 'unconstitutional' law?

A law deemed in conflict with the Constitution

Which case established the concept of a 'judicial death certificate' in relation to declarations of unconstitutionality?

Murphy v Attorney General [1982]

Can the state regulate individual's fundamental rights?

It can regulate the way they are used in accordance with the public/common good

What are the general approaches used when Judges have to decide whether legislation is compliant with the Constitution?

The Literal Approach, The Historical Approach, Natural Law Approach, The 'Broad'/Purposive, Harmonious Approach

What guides interpretation for The Literal Approach?

Words (text) guide interpretation

What is assessed when evaluating the Historical Approach?

Assess the state of public opinion at the time the Constitution enacted

What is the concept of Natural Law?

Individuals endowed with natural rights because of their human personality

What is the element of questioning behind the Broad/ Purposive Approach?

What is the basic ‘purpose’ behind the Constitutional provision in question

What is the concept of the Harmonious Approach?

Interpret a specific provision in a way that is consistent with the ‘general scheme’ of the Constitution