SOP Legislature Problem Question 1 Flashcards
(12 cards)
What is the main legal issue in William’s case regarding the Protection of Wages Act 2014?
Whether the Act unconstitutionally delegates legislative power to the Labour Relations Commission in breach of Article 15.2 of the Constitution.
What does Article 15.2 of the Irish Constitution provide?
Only the Oireachtas has the ‘sole and exclusive’ power to make laws; no other body can legislate unless authorized under strict limits.
Under what conditions can the Oireachtas delegate powers?
It can delegate only if it sets out clear principles and policies, and the delegated body only fills in details.
(Cityview Press v AnCo)
What is the Cityview Press test for valid delegation?
If the delegation is just to ‘fill in details’ based on principles and policies already in the Act, it is valid; otherwise, it is unconstitutional.
Why might the Protection of Wages Act 2014 be unconstitutional?
It gives the Labour Relations Commission wide discretion based on vague terms like ‘appropriate’ and ‘undue reductions,’ without clear limits.
Which key cases show that too much discretion without guiding policies is unconstitutional?
McGowan v Labour Court and John Grace Fried Chicken Ltd v Catering JLC.
What was the problem in McGowan and John Grace Fried Chicken cases?
The delegated bodies were allowed to set wages without any clear guidance or oversight, amounting to unconstitutional delegation.
Does parliamentary supervision (21-day annulment) save an unconstitutional delegation?
No — according to Bederev v Ireland, oversight does not fix a lack of principles and policies.
What recent case upheld proper delegation with sufficient safeguards?
NECI v Labour Court (2021) — where sufficient principles and guidance were provided by the parent Act.
Applying the law, what is the most likely conclusion for William?
William likely has strong constitutional grounds to challenge the Protection of Wages Act 2014.
In simple terms, what makes a delegation unconstitutional under Irish law?
If a law lets another body make new policies without setting strict rules, it’s unconstitutional.
How does this protect democracy under the Irish Constitution?
It ensures that elected representatives (Oireachtas) make important decisions, not unelected bodies.
