Constitutional Interpretation Flashcards
(70 cards)
What is meant by ‘derived rights’ in Irish constitutional law?
Derived rights are not invented by judges but are logically inferred from the Constitution’s text or structure.
What does O’Donnell J say about judicial restraint?
Judicial restraint means acting only when core constitutional principles are at stake; it involves deliberate inaction unless necessary.
How does O’Donnell C.J. describe the nature of the Constitution in Magee v Governor of Portlaoise Prison?
The Constitution contains broad, general principles unlike detailed legal codes, requiring flexible interpretation.
Why is constitutional law development considered unpredictable?
It depends on litigation, framing by lawyers and judges, and discretionary judicial interpretation.
What are the five primary methods of constitutional interpretation?
Literal, Broad/Purposive, Harmonious, Historical, and (influence of) Natural Law.
What is the literal approach?
Interpreting the Constitution based on the plain, ordinary meaning of its words.
In which case did the Court apply a strict literal interpretation of ‘all’ in Article 34.4.3?
People (DPP) v O’Shea (1982).
Why is the literal method criticized?
It can be too rigid and may lead to impractical or unjust outcomes.
What is the purposive approach?
Interprets the Constitution to fulfill its spirit and underlying objectives.
Which case emphasized that the Constitution should not be read like a statute?
Nur v Sullivan (1986).
Which case used public understanding of a referendum to interpret the Constitution?
Roche v Roche (2009).
What is the harmonious interpretation method?
Constitutional provisions should be interpreted to work together without conflict.
Which case introduced the doctrine of harmonious interpretation?
Dillane v Ireland (1967).
Which case warned against ranking constitutional rights?
Sunay Newspapers v Gilchrist (2017).
What is the historical approach?
Interprets constitutional provisions in light of the drafters’ original intent and historical context.
Which case supports viewing the Constitution as a living document?
Sinnott v Minister for Education (2001).
Which case rejected a ‘living instrument’ view of marriage in the Constitution?
Zappone and Gilligan v Revenue Commissioners (2006).
What role does natural law play in interpretation?
It informs judges’ understanding of fundamental rights but does not replace text-based interpretation.
According to Curtin v Dáil Éireann, when should literal interpretation be used?
When the constitutional text is clear and unambiguous.
How did Curtin define the role of purposive interpretation?
It should be used when terms are ambiguous or silent on an issue.
What did Bacik v An Taoiseach (Irvine J) say about starting interpretation?
Start by analyzing the exact words of the provision.
What is the importance of the Irish language text in constitutional interpretation?
Under Article 25.4, it takes precedence if there is conflict with the English text.
What is meant by contextual interpretation?
Words must be read within the broader context of the Constitution, not in isolation.
When is harmonious interpretation applied, according to Irvine J?
Only when there is an apparent conflict between provisions.
