Assignment on Administrative Law

Added on - 03 May 2020

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ADMINSTRATIVE LAW2IntroductionThe fundamental law which presides over the Republic of Ireland is the Constitution of thenation. Based on the Irish Constitution, the basic rights of the Irish citizens are guaranteed, thenon-executive president is elected, bicameral parliament, judicial review and separation ofpowers is carried out (Chubb, 2014). The doctrine of separation of powers dictates that thefunctions of the government have to be divided in three distinctive branches in order to carry outthe work and functions of the government in a successful manner. These three branches arejudicial, executive and legislative. Each of these branches has separate functions which arehoused in the separate and independent organs of the government. Some of these theoreticalnotions form the backbone of the Constitution of Ireland, 1937 (Carolan, 2009). In the followingparts, an attempt has been to analyse the separation of powers principle with regards to the caselaws and constitutional provisions, in terms of this doctrine determining the relations between thedifferent organs of government in the nation.Irish ConstitutionBefore a focus is made on the separation of power, there is a need to highlight that the IrishConstitution itself. At the top of the Irish Constitution is the non-executive President, who headsover the State and also has certain limited capacity for the independent initiatives and can bedeemed as the ‘Guardian of the Constitution’ (Morgan, 1988). Amongst the most importantinitiatives is that covered under Article 26 of the Irish Constitution whereby the non-executivePresident decides before signing any bill whether instead of signing this bill, there is a need to
ADMINSTRATIVE LAW3refer the same to the Supreme Court in order to test its constitutional validity. Where the same isheld as unconstitutional, the bill is not transformed into the law (Cahillane, 2016).The Irish Constitution has two dominant features which is fused legislative and executive,whereby the executive has the control. The State exercises the executive power of theGovernment. As a form, the Government is elected and can be replaced or removed by the Dáil,which is Parliament, i.e., the lower House of the Oireachtas. Though, in reality there is a strongparty system, as the direction of the vote of the Dáil deputy is not on the basis of the cogency orcase of the Dáil debate and instead is by the dictate of the party in whose colours the deputy wonelection. As a result of the democratic system for the deputy’s election, something it happens thatno party gets the complete majority in Dáil (O'Toole and Dooney, 2009). When such happens,the government rests on the constantly changing support of the smaller parties, or on theindependents. However, this means that the vitality and potency is not given to the Dáil in suchsituations as is present with the United States Congress, and is instead done to create a short-lived and precarious Government. Even though the Oireachtas is made the principal law makingagency by the Constitution, nearly all of the laws as designed and drafted substantially by adepartment of the state before these are brought to the Oireachtas Houses for being discussed andfor possible amendments (Cahillane and Hickey, 2017).Institutions of the StateUnder the Irish Constitution, the main institutions of the State have been established anddescribed. The power of running the State has been divided in three different powers, as wasstated in the introductory segment, i.e., the legislative, the executive and the judicial. Thelegislative power relates to the authority of making the law, by way of changing, introducing or
ADMINSTRATIVE LAW4removing legislation. Under Articles 15 to 27 of the Irish Constitution, this power has been givento the Oireachtas. This Oireachtas is formed of the President, Dáil Éireann, and Seanad Éireann(MacCarthaigh, 2010). Article 15.2.1 of the Irish Constitution specifically provides theOireachtas with the exclusive and the sole power of making the laws for the state and as a resultof this article, no other legislative authority gets the law making power for the State (Londrasand Mullally, 2017).The executive branch off the government has the role of carrying on the law to its effect. In otherwords, this branch executes or carries out the laws which have been drawn by the legislativebranch. In this regard, the executive branch relies upon the civil services, the police and themilitary. Under Article 28 of the Irish Constitution, this power has been given to the government,which is the Tanaiste and the Taoiseach, along with the cabinet of Ministers (CitizensInformation, 2015). Article 28.2 of the Irish Constitution gives the State the executive powers,which are deemed to b exercised by the Government or on their authority only. Hence, thegovernment is deemed as the executive organ of the state and has been given the collectiveresponsibility of the State and the Departments which the individual members of the Governmentadminister (O'Donovan, 2015).The final branch is that of the judiciary where the judicial power is given to the courts and otherjudiciary bodies for interpreting and applying the laws to the conflicts and the disputes which areraised between the individuals and the state, along with the conflicts and disputes which areraised between the individuals. This power has been given to the courts through Articles 34 to 37of the Irish Constitution. The Irish Constitution also provides the office, along with the role ofthe Attorney General, of the Council of State and of the Comptroller and Auditor General. It isalso provided through the Irish Constitution regarding the local government and the manner in
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