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Ireland Option: Comparative Government and Politics

Constraints on the two executives compared

  • 3 things to know
  • A2 Unit 1

Overview

Constitutional and judicial constraint with cases from both states, the second chamber, coalition, referendums, backbench rebellion, devolution and local government, European Union membership, the cap on the size of the Irish Government, and the effect of a large Commons majority.

What you need to know

Answer each one before you reveal it.

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Key term

Compare judicial constraint on the two executives.

Numbers

Compare the constraint imposed by referendums.

Key term

Which executive is more constrained overall?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Compare the constitutional constraint on each executive.

    Model answer

    The Irish Government is bound by a codified constitution enforceable in the courts and changeable only by referendum. The United Kingdom Government is bound by conventions and by statutes that Parliament, under its control, can amend or repeal.

  2. 2

    Compare judicial constraint on the two executives.

    Model answer

    Courts in both systems review executive action for legality and fairness. Irish courts can additionally strike down the legislation an executive has secured, while United Kingdom courts can only interpret it or declare it incompatible with Convention rights.

  3. 3

    Give two United Kingdom cases in which the courts constrained the executive.

    Model answer

    The Supreme Court held in 2017 that the Government could not begin the process of leaving the European Union without an Act of Parliament, and held in 2019 that the prorogation of Parliament had been unlawful. Both decisions limited the use of prerogative power.

  4. 4

    Give two Irish cases in which the courts constrained the executive.

    Model answer

    The Supreme Court held in Crotty in 1987 that the Government could not ratify the foreign policy provisions of the Single European Act without a referendum, and held in McKenna in 1995 that public money could not be spent promoting one side of a referendum. Both decisions restricted what the Government could do with powers it thought it had.

  5. 5

    Compare the constraint imposed by the second chamber.

    Model answer

    The House of Lords defeats United Kingdom governments frequently and can delay a bill for about a year, which forces real concessions. The Seanad rarely defeats an Irish Government, which normally holds a majority there and can override it in 90 days.

  6. 6

    Compare the constraint imposed by coalition.

    Model answer

    Coalition is a permanent constraint in Ireland, where the Taoiseach cannot appoint or dismiss a partner's ministers and cannot go beyond the agreed programme. A United Kingdom Prime Minister with a single-party majority faces no such constraint, and coalition there has been the rare exception.

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The Northern Ireland Assembly
The Northern Ireland Executive Committee
The Northern Ireland Political Parties
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Assent was last in 1708.
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AFianna Fáil had always refused to share power.
BThe 1989 agreement ended that position.
CCoalition then became available to every party in the system.

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