SOP Principles & Policies Flashcards
(22 cards)
What constitutional article governs delegation of law-making power in Ireland?
Article 15.2.1° – only the Oireachtas can make laws.
What case established the ‘principles and policies’ test?
City View Press Ltd v AnCo [1980] IR 381.
What is the City View Press test for delegation?
Delegation is valid if the body is merely filling in details to give effect to principles and policies set by the Oireachtas.
What danger did Kelly point out in City View Press?
The law lacked clear guidance, and the Court overly relied on parliamentary control.
Which case first struck down legislation for lack of principles and policies?
Laurentiu v Minister for Justice [1999] 4 IR 26.
What happened in Laurentiu?
The Minister’s power to deport aliens lacked guiding principles → unconstitutional.
In McDaid v Sheehy (1991), what was unconstitutional?
The Government had wide, uncontrolled power to impose duties.
Which two cases tightened the principles and policies rule in the employment sector?
John Grace Fried Chicken Ltd v Catering JLC [2011] and McGowan v Labour Court [2013].
What was the problem in John Grace Fried Chicken?
Labour Court and JLCs had unfettered discretion to set employment terms without legislative guidelines.
What additional problem did McGowan identify?
No Oireachtas supervision of Registered Employment Agreements (REAs).
Does Dáil oversight (like annulment) save unconstitutional delegation?
No, Bederev v Ireland (2015) confirmed that supervision alone does not fix fundamental constitutional defects.
What key shift occurred in NECI v Labour Court (2021)?
Focus shifted to whether there was a breach of Article 15.2 without courts second-guessing the substance of the Oireachtas’ policies.
According to McMenamin J. in NECI, what must courts avoid?
Engaging in political critique of legislative policies — respect the separation of powers.
What is the ‘holistic approach’ under NECI?
Courts must look at the whole Act — title, preamble, sections, schedules — not just focus on isolated phrases.
Can broad discretion still be constitutional after NECI?
Yes, if broad discretion operates within clear policy frameworks set by the Oireachtas.
How did Hogan describe the risk of excessive delegation?
It creates a ‘democratic deficit’, bypassing elected representatives.
What principle did Casey warn about?
Acts acting as an empty shell for executive action are constitutionally dangerous.
When is delegation acceptable according to all case law?
When the Executive is implementing, not creating, law — strictly within laid down principles and policies.
Why is the principles and policies test vital to Irish democracy?
It protects the core value that laws must be made by elected representatives, not unelected officials.
Final formula: What are the steps courts now use when checking delegation?
- Has the Oireachtas complied with Article 15.2?
- Are there identifiable principles and policies?
- Is the delegated decision-making regulatory (not legislative)?
- Avoid second-guessing political decisions.
COLD?
C City View Press Origin of the Principles and Policies Test
O Only Oireachtas Article 15.2: Sole legislative power
L Laurentiu and Later Cases Striking down laws without clear guidance (Laurentiu, McDaid)
D Discretion Dangerous John Grace Fried Chicken & McGowan: Too much discretion = unconstitutional
LAW?
L Limits Looked Holistically NECI: Courts examine the whole Act, not just isolated words
A Avoid Political Critique NECI: Courts must not judge the wisdom of policies
W Watch for Democratic Deficit Hogan’s warning: unchecked delegation harms democracy
