Judicial Restraint - Presumption of Constitutionality, Double Construction, Mootness Flashcards
(38 cards)
What is the constitutional basis for courts deferring to the Oireachtas on financial matters?
Article 17 – Only the Oireachtas can raise and spend public money; courts must show restraint.
What case reaffirmed the presumption of constitutionality in a challenge to Domiciliary Care Allowance?
Donnelly & Anor v Minister for Social Protection (Article 40.1 equality challenge)
How do courts treat tax and welfare legislation under the presumption?
With greater deference due to the complex policy nature (e.g., Madigan, Hyland)
What is the presumption of constitutionality?
All legislation is presumed constitutional unless the contrary is clearly proven.
What is the double construction rule?
If a law can be interpreted in two ways, courts choose the reading that upholds constitutionality.
What case affirmed that taxation laws get very considerable latitude?
Madigan v Attorney General
What principle prevents courts from deciding on theoretical or irrelevant issues?
The mootness principle — courts avoid ruling on issues that are no longer live.
What is meant by judicial deference?
Courts allow space for policy decisions by the legislature or executive.
Which case said deference is not optional but mandated by the Constitution?
NP & Burke v Minister for Education
What article supports judicial deference in money matters?
Article 17 — only the Oireachtas can raise and spend public money.
What Article was at issue in the Donnelly case challenging DCA?
Article 40.1 — equality before the law.
Why did the appellants in Donnelly argue for reduced presumption?
Because they claimed to be in a similar position (caring for a child with disability but in hospital instead of home) to those receiving the benefit, but were excluded — raising an Article 40.1 equality issue.
What unnamed rights are protected under Article 40.3?
Rights like privacy, bodily integrity, and earning a livelihood.
What does ultra vires mean?
A law or action goes beyond what is allowed by the Constitution — and is invalid.
What is the proportionality test used for?
To assess if a restriction on rights is necessary, suitable, and balanced.
What rights does natural justice protect?
The right to a fair hearing and an impartial decision-maker.
What is the Double Construction Rule?
If legislation can be interpreted in two ways, one constitutional and one not, the court must adopt the constitutional interpretation.
Which case supports using a less plausible interpretation to uphold constitutionality?
Doyle v An Taoiseach.
What did the court say in Doyle v An Taoiseach?
Artificial or less plausible meanings may be acceptable if they do not do violence to the statute’s language.
What is presumed about statutory powers under the Double Construction Rule?
That they will be exercised in a constitutional manner.
What procedural rights are presumed under the Double Construction Rule?
That proceedings and adjudications will follow constitutional justice, including the presumption of innocence.
What happens if statutory procedures depart from constitutional justice?
Courts can intervene to restrain and correct such departures.
Do pre-1937 Acts automatically enjoy the Presumption of Constitutionality?
No, they must be significantly amended or incorporated into post-1937 Acts.
What was held in ESB v Gormley regarding pre-1937 Acts?
Amending a pre-1937 Act does not automatically give the entire Act the presumption of constitutionality.
