International Law & Constitution Flashcards
(28 cards)
What does Article 29 of the Irish Constitution deal with?
International relations: promoting peace, friendly cooperation, peaceful dispute resolution, and accepting generally recognised principles of international law.
Does Article 29 make international law directly enforceable by individuals in Irish courts?
No. It governs Ireland’s conduct internationally but does not create individual rights within Ireland.
In which case did the court confirm that generally recognised principles of international law are part of Irish law?
Government of Canada v Employment Appeals Tribunal [1992] ILRM 325.
What did ACT Shipping v Minister for the Marine [1995] establish about customary international law?
Customary international law (like the right to refuge) is accepted into Irish law unless it conflicts with the Constitution, statutes, or common law.
What is Ireland’s approach to incorporating international law: monist or dualist?
Dualist: International law binds Ireland externally, but it must be incorporated by domestic law to have effect inside Ireland.
What was the main ruling in Horgan v Ireland [2003]?
Courts cannot rule on government actions regarding international relations; neutrality is government policy but not constitutionally protected.
Does neutrality have constitutional status in Ireland?
No. It is a government policy, not a constitutional requirement.
How does the Constitution prioritize between domestic and international law?
The Constitution is supreme. International law applies only if it does not conflict with it.
How does EU law fit into the Irish Constitution?
Through Article 29.4, EU laws are supreme over Irish law where necessary due to Ireland’s EU membership.
Was the European Convention on Human Rights (ECHR) part of Irish law before 2003?
No. Before 2003, the ECHR was not enforceable in Irish courts.
What law incorporated the ECHR into Irish law?
The European Convention on Human Rights Act 2003.
How was the ECHR incorporated into Irish law in 2003?
At a sub-constitutional level — it cannot override the Constitution.
What does Section 2 of the ECHR Act 2003 require courts to do?
Interpret Irish laws in line with the ECHR, but only ‘in so far as possible.’
What remedy does the ECHR Act 2003 provide if Irish law breaches the ECHR?
A Declaration of Incompatibility — but the law remains valid unless changed by Parliament.
Which case established that a transgender person’s rights under ECHR were breached?
Foy v Registrar of Births, Deaths and Marriages (2002).
What did the court decide in Donegan v Dublin City Council [2012]?
Eviction procedures that did not allow contesting factual disputes breached Article 8 (private/family life) of the ECHR.
What was the Supreme Court’s major statement in McD v L [2009]?
Ireland remains dualist; ECHR cannot create new rights without Oireachtas legislation.
What must happen before a Declaration of Incompatibility can be made according to Hogan J in S (A Minor)?
All constitutional remedies must first be exhausted.
What is the role of Irish courts when interpreting the ECHR?
Courts should follow Strasbourg case law respectfully but cannot create new interpretations beyond Strasbourg judgments.
Why is the Constitution more powerful than the ECHR in Ireland?
Because the ECHR has only been incorporated at a lower level, not made part of the Constitution itself.
How did Hirst v UK affect Irish law on prisoner voting?
Ireland had to allow some prisoners to vote because a blanket ban was against ECHR standards.
How did Goodwin v UK affect rights for transgender people in Ireland?
Forced Ireland to allow people to change gender on birth certificates.
Which parts of Irish law might violate the right to silence under ECHR?
Section 52 of the Offences Against the State Act.
Proceeds of Crime Act.
Criminal Justice Act 2007 (section 19A on silence).
What did the Keegan case say about unmarried fathers under ECHR?
They have family life rights under Article 8 — Irish law needed to recognize this.
