What power do the Irish courts have over Acts of the Oireachtas?

The courts can declare an Act of the Oireachtas invalid where it conflicts with the Constitution, and the invalid provision then ceases to have effect. No such power exists over Acts of the Westminster Parliament.

Which courts may rule on the constitutionality of legislation?

The High Court has jurisdiction to decide whether a law is invalid having regard to the Constitution, with appeal to the Court of Appeal and ultimately to the Supreme Court.

How can the constitutionality of a bill be tested before it becomes law?

The President may, after consulting the Council of State, refer a bill to the Supreme Court under Article 26, and the Court decides within 60 days whether any provision is repugnant to the Constitution.

What did Cityview Press v AnCO establish about the law-making power of the Oireachtas?

The Supreme Court held in 1980 that the Oireachtas may delegate power to make detailed rules only where the parent Act sets out the principles and policies to be applied. Delegation that leaves the making of policy to a minister is an unconstitutional surrender of the legislative power.

CCEA A-Level Government and Politics 4830

The Northern Ireland Assembly

Topic overview The Good Friday Agreement: origins and principles The three strands of the Agreement Rights, equality, policing and prisoners under the Agreement Implementing the Agreement: referendums, devolution and suspension Subsequent agreements from St Andrews to New Decade, New Approach Composition, elections and designation Cross-community voting and the petition of concern The Assembly's representative function The Assembly's legislative function The Assembly's scrutiny function The Assembly's independence of the Executive

The Northern Ireland Executive Committee

Topic overview The composition of the Executive Committee Appointing the Executive and the d'Hondt formula The First Minister and deputy First Minister The Office of the First Minister and deputy First Minister The Pledge of Office and the Ministerial Code How the Executive determines legislation The Programme for Government and the budget Divisions within the Executive Evaluating the Executive's policy making The Executive as a power-sharing government Collapse, restoration and reform of the Executive

The Northern Ireland Political Parties

Topic overview The role and functions of political parties The Northern Ireland party system The Democratic Unionist Party Sinn Féin The Ulster Unionist Party The Social Democratic and Labour Party The Alliance Party Smaller parties and independents Changing party strategies since 1998 Changing electoral support since 1998 Explaining electoral change

The UK Parliament

Topic overview Representation in the House of Commons Legislation and the passage of a bill through the Commons Scrutiny of government on the floor of the Commons Select committees and the scrutiny of government The effectiveness of the House of Commons Composition and representation in the House of Lords The House of Lords and the legislative process Scrutiny and committee work in the House of Lords The effectiveness of the House of Lords The fusion of powers and executive control of Parliament Party discipline, backbench independence and parliamentary privilege

The UK Executive

Topic overview The role of the Prime Minister The powers of the Prime Minister The Cabinet and its role Cabinet committees, the Cabinet Office and the core executive Ministerial responsibility Limitations on the powers of the Prime Minister The Executive and its control of the legislature Prime ministerial government or cabinet government The civil service, special advisers and the centre of government

Option: The British JudiciaryJudiciary

Topic overview The judiciary, the rule of law and the separation of powers The courts and the United Kingdom Supreme Court Judicial review and its grounds Judicial review and the Human Rights Act Landmark rulings against the Executive Judicial inquiries What secures judicial independence Tensions between the judiciary and the Executive The effectiveness of the judiciary in holding the Executive to account

Option: Pressure Groups in the UKPressure groups

Topic overview The concept of a pressure group Cause and sectional pressure groups Insider and outsider pressure groups Social movements Pressure groups and the policy-making process Insider tactics: lobbying, consultation and the courts Outsider tactics: protest, direct action and the media What makes a pressure group successful Pluralist, elitist and New Right interpretations of impact Regulating lobbying and the debate about influence

USA Option: The Legislative BranchUSA

Topic overview The constitutional basis of Congress Membership, elections and terms The representative role of Congress The legislative process The committee system Scrutiny, oversight and impeachment The exclusive powers of the Senate Parties, leadership and polarisation Assessing the effectiveness of Congress Pressure and lobby groups and Congress Congress and the President

USA Option: The Executive BranchUSA

Topic overview The constitutional role of the President The roles the President performs The formal and informal powers of the executive The Cabinet and the executive departments The Executive Office of the President Executive orders, agreements and unilateral action Constraints on the exercise of executive power How amendments and the courts have shaped the presidency Lobby groups and the executive branch The executive and Congress Power, responsibility and accountability in the American executive

USA Option: Comparative Government and PoliticsUSA

Topic overview Separation of powers and fusion of powers Structures of the two legislatures compared Powers of the two legislatures compared Party discipline and the operation of the two legislatures Representation compared across the four chambers Legislation compared across the four chambers Scrutiny compared across the four chambers Evaluating the effectiveness of the four chambers Appointment and removal of the two executives compared The powers of the two executives compared Constraints, accountability and the effectiveness of the two executives

Ireland Option: The Legislative BranchIreland

Topic overview Bunreacht na hÉireann and the role of the Oireachtas Dáil Éireann: composition, election and term Single transferable vote in multi-seat constituencies Seanad Éireann: composition and selection How a bill becomes law in the Oireachtas The Oireachtas and representation Scrutiny, questions and the committee system The effectiveness of Dáil Éireann and Dáil reform The effectiveness of Seanad Éireann and the reform debate The judiciary, the courts and the legislative branch The Oireachtas and the executive

Ireland Option: The Executive BranchIreland

Topic overview Bunreacht na hÉireann and the executive power The Taoiseach: appointment, powers and constraints The Tánaiste, ministers and the shape of the Government Cabinet government and the executive process The President and the executive branch Coalition government and how it shapes the executive Ministerial responsibility and accountability The executive and the Oireachtas The judiciary and the executive branch Formal constitutional amendment and the executive Informal constitutional change and the executive

Ireland Option: Comparative Government and PoliticsIreland

Topic overview Codified and uncodified constitutions compared The structures of the Oireachtas and Parliament compared Electing the Dáil and the Commons: PR-STV and first past the post Seanad Éireann and the House of Lords compared Representation compared Making law: the legislative process compared Scrutiny and accountability compared Appointing the two executives The powers of the two executives compared Constraints on the two executives compared Evaluating the power, accountability and effectiveness of the two executives

Political Power: The Exercise of Political PowerPolitical Power

Topic overview Power, authority and influence Legitimacy and the grounds of obedience Social, economic, religious and international factors in legitimacy Creating and maintaining legitimacy across political systems Coercion and its effectiveness Dictatorship, authoritarianism and oligarchy The nature and effectiveness of authoritarian rule Democracy and democratic legitimacy Human and civil rights State survival and state collapse

Political Power: Theories of Political PowerPolitical Power

Topic overview Studying the origin, nature and distribution of power Pluralism and the diffusion of power Criticisms of pluralism and elite pluralism Marxism, the ruling class and the capitalist state Neo-Marxism, hegemony and the relative autonomy of the state Classical elite theory Modern elite theory and elite rule Feminism, patriarchy and political power The theories applied to different political systems Evaluating the four theories of power

Political Ideas: Mill, on LibertyPolitical Ideas

Topic overview Mill, On Liberty and the one very simple principle The harm principle Self-regarding and other-regarding conduct Threats to individual liberty The tyranny of the majority Liberty of thought and discussion Individuality and experiments of living Human rationality, progress and Mill's exceptions The role of the state in On Liberty Criticisms of On Liberty

Political Ideas: Burke, Reflections on the Revolution in FrancePolitical Ideas

Topic overview Burke, the Reflections and the occasion of the book Burke's view of human nature Reason, prejudice and prescription Custom, tradition and the partnership between generations The attack on abstract rights Gradual change and the case for reform Social inequality, property and natural aristocracy Political authority, religion and the role of the state Burke's critique of the revolutionaries' method Criticisms of the Reflections

Political Ideas: Marx and Engels, the Communist ManifestoPolitical Ideas

Topic overview The Manifesto, its authors and its occasion Class struggle and the materialist view of history The bourgeoisie as a revolutionary class The nature of capitalism and its crises The exploitation of the working class Social divisions, the other classes and class consciousness The demise of capitalism and the proletarian revolution Private property and the ten measures The nature of socialism and the role of the state Criticisms of The Communist Manifesto

Political Ideas: LiberalismPolitical Ideas

Topic overview The core ideas of liberalism The liberal view of human nature and human reason Negative and positive freedom Threats to individual liberty Liberal equality The liberal state Classical liberalism Modern liberalism Liberalism and democracy Evidence for and criticisms of liberal principles Liberalism compared with conservatism and socialism

Political Ideas: ConservatismPolitical Ideas

Topic overview The core ideas of conservatism The conservative view of human nature Custom, tradition and prescription The need for gradual change The organic society Authority, hierarchy and social inequality One-nation conservatism Libertarian conservatism and the New Right Evidence for and criticisms of conservative principles Conservatism compared with liberalism and socialism

Political Ideas: SocialismPolitical Ideas

Topic overview The core ideas of socialism The socialist view of human nature The socialist critique of capitalism Socialist equality Individual liberty in socialist thought Fraternity, community and co-operation The role of the state in socialist thought Revolutionary socialism Reformist socialism and social democracy Evidence for and criticisms of socialist principles Socialism compared with liberalism and conservatism

Ireland Option: The Legislative Branch

The judiciary, the courts and the legislative branch

3 things to know
A2 Unit 1

Overview

The power of the Irish courts to strike down an Act, the presumption of constitutionality, the Article 26 reference, Cityview Press, Maguire v Ardagh, Crotty, McKenna, the 2023 ruling on the Seanad university franchise, and the limits of what a court will order.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is the presumption of constitutionality?

Numbers

Give an example of a bill struck down on an Article 26 reference.

Key term

What can the Oireachtas do when a court strikes down one of its Acts?

Questions from this subtopic

Each one with the model answer underneath.

1
What power do the Irish courts have over Acts of the Oireachtas?
Model answer
The courts can declare an Act of the Oireachtas invalid where it conflicts with the Constitution, and the invalid provision then ceases to have effect. No such power exists over Acts of the Westminster Parliament.
2
Which courts may rule on the constitutionality of legislation?
Model answer
The High Court has jurisdiction to decide whether a law is invalid having regard to the Constitution, with appeal to the Court of Appeal and ultimately to the Supreme Court.
3
What is the presumption of constitutionality?
Model answer
A law passed by the Oireachtas is presumed to be constitutional until the contrary is shown, and where wording allows two readings the courts prefer the constitutional one. The burden lies on the person challenging the Act.
4
How can the constitutionality of a bill be tested before it becomes law?
Model answer
The President may, after consulting the Council of State, refer a bill to the Supreme Court under Article 26, and the Court decides within 60 days whether any provision is repugnant to the Constitution.
5
Give an example of a bill struck down on an Article 26 reference.
Model answer
The Supreme Court found the Health (Amendment) (No. 2) Bill of 2004 unconstitutional. The bill would have retrospectively validated charges levied on people in publicly funded nursing home care, and the Court held that it unjustly attacked their property rights.
6
What did Cityview Press v AnCO establish about the law-making power of the Oireachtas?
Model answer
The Supreme Court held in 1980 that the Oireachtas may delegate power to make detailed rules only where the parent Act sets out the principles and policies to be applied. Delegation that leaves the making of policy to a minister is an unconstitutional surrender of the legislative power.

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