Structure, classification + equity

Question 1

what do all laws ultimately derive from?

Answer 1

the constitution

Question 2

what does the constitution set up?

Answer 2

the various organs which create law, interpret law, adjudicate law and enforce law

Question 3

what will happen to any laws that does not conform to the constitution?

Answer 3

it will be struck down by
the courts

Question 4

what is found in articles 1-39

Answer 4

Rules dealing with the structure, composition, functions and interrelationships of the principal organs of state.

Question 5

how many organs of state are there?

Answer 5

3

Question 6

what are the 3 organs of state?

Answer 6

1. the legislature
2. the executive
3. the judiciary

Question 7

what is the legislature?

Answer 7

the law-making body

Question 8

what is the legislature also known as in Ireland?

Answer 8

the Oireachtas

Question 9

what is the Oireachtas made up of?

Answer 9

It is made up of the Dáil, the Seanad and the President

Question 10

what is the function of the Oireachtas?

Answer 10

to enact legislation

Question 11

what must happen to every piece of legislation

Answer 11

must be passed by both houses and then signed into law by the President

Question 12

what is the executive also known as?

Answer 12

the government

Question 13

what does the executive consist of?

Answer 13

the Taoiseach and up to 14
ministers

Question 14

what is the function of the executive?

Answer 14

to make policy and apply it

Question 15

what is each minister in the executive?

Answer 15

head of a department of the Civil Service

Question 16

what is the function of the judiciary?

Answer 16

to administer justice

Question 16

what does the Judiciary consist of?

Answer 16

the judges of the Irish courts

Question 17

what is the idea behind the doctrine of separation of powers?

Answer 17

if the various functions of state are
divided among different bodies, no one organ of state will have sufficient power to dominate the others.

Question 18

what is there a danger of due to the organs of state having a great deal of power?

Answer 18

abuse of power if too much power were concentrated in one organ of state

Question 19

who creates the law?

Answer 19

the legislature

Question 20

who is responsible for policy?

Answer 20

the executive

Question 21

who adjudicates on and interprets the law?

Answer 21

the judiciary

Question 22

If the Legislature passes an unjust
law, what can happen?

Answer 22

it can be overturned by the courts

Question 23

what are the three interrelated notions at the heart of the Rule of Law?

Answer 23

-Everyone is subject to the law.
-The law must be public and precise.
-The law must be enforced by some independent body, principally the court system

Question 24

what is central to the rule of law?

Answer 24

the idea of limited governmental power

Question 25

how does the government of society function?

Answer 25

according to legal rules which have been established in advance

Question 26

what is an individual entitled to?

Answer 26

fair notice of the laws which govern his conduct

Question 27

Legal subjects may be divided into three main
groupings:

Answer 27

-public law
-private law
-adjectival law

Question 28

what is public law?

Answer 28

governs relationship between the State and its citizens

Question 29

what is private law?

Answer 29

governs relationships between private citizens

Question 30

what is adjectival law?

Answer 30

deals with procedure

Question 31

what is criminal law?

Answer 31

deals with acts that break the law,
making the guilty party liable to punishment by the State

Question 32

what is civil law?

Answer 32

deals with disputes between private individuals in private law subjects

Question 33

what is the important distinction between a crime and a civil wrong?

Answer 33

the legal procedure which is set in motion and the outcome

Question 34

what is found in articles 40-44?

Answer 34

Provisions setting out the fundamental rights of individuals.