Separation Of Powers: Legislature Flashcards
(24 cards)
What does Article 15.2 of the Irish Constitution state?
Only the Oireachtas (Parliament) can make laws for the State.
Can subordinate legislatures make laws?
They can make rules, but only within principles and policies set by the Oireachtas.
What was decided in Pigs Marketing Board v Donnelly (1939)?
The Oireachtas can delegate administrative powers, but not the core law-making power.
How does EU membership affect Irish law-making?
EU laws can directly apply in Ireland, limiting the Oireachtas’ exclusive power.
Can the Executive (government) create laws on its own?
No, all executive instruments must be authorized by a statute.
What principle came from Duggan v An Taoiseach (1989)?
The Government cannot suspend a statute.
What was controversial in Sheehan v Government (1987)?
The Government could delay the start date of legislation.
When does a law officially become effective? (Minister for Justice v Adach)
When a notice is published in Iris Oifigiúil, not online.
What is delegated legislation?
When the Oireachtas allows others to make rules by following clear principles and policies.
What is the Cityview Press v AnCo test for delegated legislation?
If it just fills in details → valid; if it creates new laws → invalid.
What happened in Leontjava (2004)?
The Minister acted beyond powers; delegation was too broad.
Why was delegation invalid in Harvey v Minister (1990)?
The Minister tried to override the Act, which isn’t allowed.
What mistake did the Minister make in Cook v Walsh (1984)?
Tried to amend laws through regulations — not permitted.
What did the court rule in Laurentiu v Minister (1999)?
Delegation was invalid because no clear principles were set.
Why was the delegation in McGowan v Labour Court (2013) struck down?
Labour Court had too much freedom without clear guidelines.
What was decided in NECI v Labour Court (2021)?
Delegation was upheld because enough guidance was given.
What are ‘Henry VIII clauses’?
Laws allowing Ministers to change Acts by regulation — courts view them suspiciously.
What happens if an EU directive leaves no choice to Ireland? (Meagher v Minister)
The Minister can regulate directly without needing the Oireachtas.
When must the Oireachtas act instead of Ministers with EU directives? (Maher v Minister)
If the directive leaves policy choices to Ireland.
Can delegated legislation create criminal offences? (Browne v AG)
No, it cannot create serious (indictable) crimes.
What is the role of Courts regarding legislation?
Courts can interpret laws but cannot create or change them.
Why is it important to set ‘principles and policies’ in Acts?
To limit executive power and prevent unauthorized law-making.
What does ‘ultra vires’ mean in delegated legislation?
When someone acts beyond the legal power given, making the action invalid.
Why is judicial law-making not allowed?
Because it would breach the separation of powers — only the Oireachtas can make laws.
