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Constitutional Law

Constitutional law deals with the basic rights and rules set out in the Constitution of the Republic of Ireland. The Constitution is also frequently referred to by its Gaelic title Bunreacht na hEireann. Laws passed by the government of the day, or actions of state agencies or officials, may be found to be unconstitutional. Only the Superior Courts of the state- The High Court and The Supreme Court- may make a decision on the constitutionality of any disputed matter. The lower courts- The Circuit Courts and the District Courts- are then obliged to follow the interpretations of the Constitution provided by the Superior Courts. Bunreacht na hEireann is not the the supreme legal document in the Republic of Ireland. If there is a conflict between any provision of the Constitution and a provision of European Union Law, EU law will prevail.

The Garda Síochána Guide (2)

A well-wisher has directed me to page E-137 of the Garda Síochána Guide

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PIAB complete

The MIBI was not mentioned specifically in the 2003 Act, hence the doubt. The judgment makes sense; anything else would have been an anomaly. Indeed, in a very real sense the 2003 Act was intended to apply to the MIBI more than anyone or anything else; they are the insurance industry.

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Digital Rights case (continued)

Three Motions are (or were) before the High Court. One, that of the Irish Human Rights Commission, was promptly decided by the judge in favour of the IHRC. The IRHC is now a “party” to the proceedings as “amicus curiae”.

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Oops!

The Supreme Court held that this could only be read prospectively (into the future) and did not avail the State in its arguments. (The Supreme Court also found that the Act, as so read, was constitutional. It also found that the offence “assault occasioning actual bodily harm” was a common law offence.)

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Family day at the Dail

The Dail is firmly under the thumb of the Government, whereas our Constitution envisages that it should be the reverse. The principle purpose of a Constitution is to rein in the Executive. Representative democracy exists for the same purpose.

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Digital Rights Ireland case

See the letter to Dr. Hans-Gert Pöttering for the context for this.

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A protester is not just for Christmas

n 1984 President Ronald Reagan visited Ireland. There were public protests and demonstrations at his visit. He stayed for a time in the residence of the US ambassador in the Phoenix Park. A number of women took up position in a grassy area across the road from the entrance to the ambassador’s residence with the apparent intention of signaling their protest to President Reagan as he entered and left. He never saw them.

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Website homework

It retains its date order in the website but can be seen HERE.

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No!

Ireland has previously cast a veto (in the EU Council of Ministers) and it was denied that it had that effect.

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Family day at the Dail

The Dail is firmly under the thumb of the Government, whereas our Constitution envisages that it should be the reverse.

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