Constitution and Fundamental Rights

Flashcard 1

Q: What is the Constitution?

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

Flashcard 2

Q: What is constitutional law?

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

Flashcard 3

Q: What are fundamental rights?

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

Flashcard 4

Q: Name 5 fundamental rights under the Irish Constitution.

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

Flashcard 5

Q: What Article of the Irish Constitution deals with personal rights?

A: Article 40.

Flashcard 6

Q: What does Article 40.3.1 state?

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

Flashcard 7

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

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

Flashcard 8

Q: What is judicial review?

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

Flashcard 9

Q: What is the separation of powers?

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

Flashcard 10

Q: Why is the separation of powers important?

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

Flashcard 11

Q: What is the doctrine of proportionality in constitutional law?

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

Flashcard 12

Q: Can fundamental rights be limited?

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