Download to read offline
Uploaded bymsstephanielord
Law and ethics 1 b the constitution (2)
The document discusses key aspects of the Irish constitution and legal system, including that the constitution is the primary source of law in Ireland. It establishes three branches of government - the legislature (Oireachtas), executive (government), and judiciary (courts) - and the principle of separation of powers between these branches. The constitution also guarantees certain fundamental rights and freedoms for citizens, and can be amended through a referendum process.
Law◦
More Related Content
Similar to Law and ethics 1 b the constitution (2)
Law and ethics 1 b the constitution (2)
- 1. Law and Ethics TheIrish Legal System: The Constitution of Ireland
- 2. Why does theConstitution matter?
- 3. Discussion: What do wealready know about what’s in the Constitution?
- 4. Bunreacht na hÉireann ●Primary source of law ● Sets out how Ireland is governed ● 50 Articles on language, the state, the government, who can run for president, the courts, who can marry and divorce, the rights that children have, and many more.
- 5. Unconstitutional Article 15 ofthe Constitution says that the Oireachtas cannot enact a law that is repugnant to the Constitution. These will be declared invalid or unconstitutional. The effect of this is that all laws passed in the Dáil must be constitutional.
- 7. All laws passed mustcomply with the Constitution.
- 8. EU LAW While lawsmust comply with the Constitution, they must also comply with EU Law. The Constitution can invalidate law made by the Dáil but it cannot invalidate law made by the EU - even when it is incompatible with the Constitution.
- 9. Organs (Institutions) ofthe State Constitution establishes the 3 main institutions of the state
- 10. 1.President and the Oireachtas President ishead of state Mostly ceremonial functions But Can refuse to sign a bill if they think it’s unconstitutional Elected every 7 years
- 11. President and theOireachtas = LEGISLATURE
- 12. 1.President and the Oireachtas Oireachtas isthe Parliament and consists of directly elected Dáil Éireann and indirectly elected Seanad Éireann Together the Dáíl and the Seanad - the upper and lower houses of parliament make up the legislature
- 13. The president has noexecutive powers and acts only on advice of the government.
- 14. 2. The Government Made upof Taoiseach and Cabinet Ministers Constitution requires the Government be a minimum of 7 and a maximum of 15 members
- 15.
- 16. 3. Courts The Courtsconsist of the Judiciary (judges) Most important Courts are the Supreme Court and the High Court
- 17.
- 18. The Constitution sets outeach of those branches of powers and how they should be run.
- 19. “Separation of Powers” is important becauseit ensures that no one branch has
- 20. Roles of SeparatedPowers The Oireachtas (Dáil and Seanad) can pass legislation so they are known as the legislature. They draft and vote on laws. The President signs these laws into effect. The Government have the power to implement those laws that are passed by the Oireachtas so they are known as the Executive. (Tip: Think of a chief executive in a company!) The Judiciary sit in the Courts and they have the power to interpret the law and apply it correctly. They make sure that laws are Constitutional when they are introduced.
- 21. Fundamental Rights andFreedoms The Constitution gives every citizen a set of fundamental rights and freedoms like: ● The right to equality before the law ● The right to education ● The right to bodily integrity ● The freedom to travel ● The right to fair procedures
- 22. We can bringchallenges when our rights are infringed
- 23. But our rightsare not absolute... The Courts can issue binding decisions on whether a law is constitutional, and strike it down. But our rights under the Constitution are not unlimited. Where it is in the public interest they can be limited.
- 24.
- 25. A living document TheConstitution is often said to be a “living document” as it can be amended and reflect changing times.
- 26. Referendum The Constitution can onlybe changed by a popular vote. If it’s passed, the President will sign the change into law.
- 27. Recent referendums inIreland ● Abolition of the Seanad ● Marriage Equality ● Children’s Rights ● Lisbon Treaty
- 28.
- 29. Do you thinkthere is an even distribution of powers between the three branches of the state? Do you think there should
- 30. There are nowrong answers to those questions.
- 31.
Editor's Notes
- #4 In pairs.