Separation of Powers & Irish Constitutional Law – Key Vocabulary

Vocabulary flashcards summarising essential concepts, constitutional provisions and landmark cases on separation of powers in Irish constitutional law.

Separation of Powers

The constitutional doctrine that divides governmental authority among the legislature, executive and judiciary, preventing any branch from exercising the core functions of another.

Legislature

The branch of government with the power to make laws; in Ireland this power is vested exclusively in the Oireachtas.

Executive

The branch that exercises the residual governmental powers (other than legislative or judicial) and is carried out by or on the authority of the Government under Article 28.2.

Judiciary

The branch that administers justice through courts established by law, as required by Article 34.1 of the Constitution.

Article 15.2.1

Constitutional provision granting the Oireachtas the sole and exclusive power to make laws for the State.

Article 15.2.2

Allows the Oireachtas to create or recognise subordinate legislatures and delegate limited law-making powers to them by statute.

Oireachtas

Ireland’s national parliament (Dáil Éireann, Seanad Éireann and the President) which holds the State’s exclusive legislative authority.

Delegated Legislation

Rules or regulations made by a subordinate authority under powers granted by a parent Act of the Oireachtas.

Principles and Policies Test

Standard from City View Press v AnCo: delegation is valid only where the parent Act sets out sufficient principles and policies, leaving merely details to the delegate.

City View Press v AnCo (1979)

Leading case that formulated the principles and policies test and upheld properly limited delegation of legislative power.

Ultra Vires (in Delegation)

Describes delegated legislation that exceeds the principles and policies of the parent Act and is therefore invalid.

Ministerial Administrative Arrangements

Internal executive directions that do not amount to legislation and are not subject to Article 15 delegation rules (Casey v Minister for Arts).

Article 34.1

Provides that justice shall be administered in courts established by law and generally in public.

Administration of Justice

Judicial process involving determination and enforcement of legal rights and liabilities; must be performed by courts when the McDonald v Bord na gCon criteria are met.

McDonald v Bord na gCon (No. 2)

Case listing five characteristics that signify an administration of justice, including final determination of rights and enforcement by court order.

Article 37.1

Permits non-courts to exercise limited judicial functions in non-criminal matters when authorised by law.

Limited Judicial Functions

Judicial-type powers whose exercise does not profoundly affect a person’s life, liberty, fortune or reputation (Melton Enterprises test).

Melton Enterprises v Censorship of Publications Board (2003)

Decision stating that powers with far-reaching impact cannot be classified as ‘limited’ under Article 37.1.

Re Solicitors Act 1954

Case holding that a tribunal with few but far-reaching powers (e.g. striking a solicitor off the roll) is not exercising ‘limited’ functions.

M v Medical Council

Authority confirming that the ‘limited powers’ evaluation focuses on the effect of the powers when exercised.

Keady v Commissioner of An Garda Síochána (1992)

Held Garda disciplinary dismissal to be a permissible limited function, given the unique duties and privileges of Gardaí.

Maguire v Ardagh (Abbeylara) (2002)

Supreme Court decision that Oireachtas committees lack power to investigate or make adverse findings about non-members.

Tribunal of Inquiry

Statutory body conducting fact-finding; its conclusions are opinions ‘sterile of legal effect’ and do not constitute administration of justice (Murphy v Flood).

Meagher v Minister for Agriculture (1996)

Case confirming that when an EU directive leaves no discretion on principles or policies, implementation by ministerial regulation is valid.

National Legislation Implementing EU Law

Domestic measures adopting EU rules; if discretion on principles/policies remains, an Act is needed; if not, regulation suffices.

Judicial Interference with Legislative Function

Prohibited practice where courts create, alter or ignore statutory provisions instead of applying them (De Gortari v Smithwick).

De Gortari v Smithwick (No. 2)

Affirmed that judges may not legislate to fill gaps left by the Oireachtas.

McGrath v McDermott (1988)

Stated that courts cannot add to or delete from express statutory provisions to achieve desirable objectives.

Article 28.2

Vests the executive power of the State in the Government, subject to the Constitution.

Article 29.4.1

Assigns the executive power over external relations to the Government in accordance with Article 28.

Boland v An Taoiseach (1974)

Held that courts may not oversee executive actions unless there is a clear disregard of constitutional powers or duties.

Non-Justiciable Matters

Questions reserved exclusively to the executive or legislature (e.g., foreign affairs, defence, referenda) and not reviewable by courts.

Tormey v Ireland (1985)

Recognised that courts have jurisdiction over all justiciable matters but not over non-justiciable ones.

McKenna v An Taoiseach (No. 2) (1995)

Set out that courts may intervene in executive actions only where there is a clear disregard of constitutional duties.

State (C) v Frawley (1976)

Noted that it is not the courts’ role to set executive priorities in health and welfare policy.

O’Reilly v Limerick Corporation (1989)

Ruled that claims about unjust allocation of national resources are a matter for the Oireachtas, not the courts.

TD v Minister for Justice (2001)

Supreme Court refused to order the executive to spend funds within specific timelines, citing separation of powers.

Sinnott v Minister for Education (2001)

Court declined to grant mandatory orders forcing the Oireachtas to allocate funds for educational purposes.

FN v Minister for Education

Illustrates that courts may intervene against executive action where constitutional rights are being undermined.

DB v Minister for Justice

Example of judicial intervention where executive failure threatened constitutional rights.

McMenamin v Ireland

Authority showing courts may act when executive inaction breaches constitutional rights.