Question: Irish constitutional law

Please submit a word document with essay-type answers to any TWO questions from among the six questions on the paper.

You should NOT include a bibliography. 
You are not obliged to use footnotes. But you may use footnotes. What you should make absolutely sure of is that you do not fail to make appropriate references – either in your main text or by way of footnotes – to the sources you draw upon in answering the question. 
This exam comprises of answering any TWO questions of 1000 words each. Each question is worth 50% of the total for this exam. 
The word limit will be strictly policed. The word limit for each question is 1000 words, inclusive of all aspects. 

Select any two to answer from among the following four questions.

Question 1
Write a comprehensive essay on the non-delegation doctrinein Irish constitutional law as outlined in Cityview Press Ltd v An Chomhairle Oiliúna  [1980] IR 381. In your answer, focus in particular on the following matters:

the purpose and valueof the test in constitutional adjudication

the applicationof the non-delegation doctrine in any prominent rights cases in Irish constitutional law postCityview Press Ltd v An Chomhairle Oiliúna  [1980] IR 381.

Whether you think the test, as applied, meets its purpose.

Question 2

article 15.2.1 of the Constitution states that:

‘The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State’.

Critically discuss the extent to which this provision reflects political reality. Your answer should include an explanation of the relationship between the Oireachtas and Government and the impact of political parties on the separation of powers.

Question 3

Write an essay that addresses each of the following matters as it relates to the decision of the Irish Supreme Court in Gorry v Minister for Justice [2020]IESC 55

the reasons why the judges agreed that the minister’s decision had been unlawful (or based on an error of law)

McKechnie J’s reasoning around the question of whether a ‘right to cohabit’ was protected by Art 41

O’Donnell J’s reasoning around a) the specific question of whether a ‘right to cohabit’ is protected under Art 41 and b) the broader question of how to interpret what rights are covered by Art 41  

Question 4

Write a critical essay on how the Courts have interpreted the concept of executive power in Article 28 of the Irish Constitution. In your answer, focus in particular on the following matters:

How the Courts have interpreted ‘executive power’? Have they preferred a narrow or broad reading of executive power?

Is it a plausible reading of Article 28? Can you think of a more persuasive interpretation of what executive power means, or of how it might be interpreted?

Solution:

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