Abstract

The 1937 Constitution of Ireland draws on the following three main influences: (1) the US Constitution as regards judicial review of legislation; (2) UK common law heritage regarding the fused Westminster style legislative/executive model; and (3) a variety of continental constitutions regarding some fundamental rights. The report observes that apart from constitutional guarantees on fair trial and habeas corpus, most fundamental rights provisions are expressed at a high level of generality. A distinctive feature is that the Constitution can only be amended by a referendum, and this is indeed frequently done, including with regard to EU law. The central EU amendment is the so-called ‘necessitated obligations’ clause (Art. 29.4.(6)), which has the effect of overriding all other constitutional provisions. The Constitution is a key part of the political debate, and extensive constitutional issues have also arisen in relation to EU law. Three of the most important data retention cases that have come before the ECJ have all originated from Ireland. Another notable case is Pringle, where an MP raised concerns about the large size of the financial liabilities undertaken by the ESM Treaty. With regard to the European Arrest Warrant, whilst the Irish courts carry out more extensive judicial review, the automaticity involved in mutual recognition has nevertheless been a constant source of concern for judges. The rule of parliamentary reservation of law has led to extensive adjudication, e.g. in relation to the introduction of indictable offences by governmental regulations under EU measures, and in relation to the ratification of an IMF loan agreement and an extradition treaty.

Highlights

  • Implementation of the European Arrest Warrant (EAW) in Ireland and the main principles in its judicial application The European Arrest Warrant Act 2003 has given effect to the EAW Framework Decision.47,48 The system mandated by the 2003 Act requires that all applications be made to the High Court, generally under the supervision of a specially assigned judge

  • With regard to the European Arrest Warrant, whilst the Irish courts carry out more extensive judicial review, the automaticity involved in mutual recognition has been a constant source of concern for judges

  • The effect of Browne was reversed by the European Communities Act 2007, in which the Oireachtas permitted the creation of indictable offences by secondary legislation implementing Community law

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Summary

The Constitution of Ireland entered into force on 29

December 1937 following its approval at a referendum which was held on 1 July 1937.1 Since June 1941 the Constitution can only be amended by means of a referendum. It replaced the Constitution of the Irish Free State 1922, key elements of that Constitution were preserved. 1.1.2 The Constitution mandates a (relatively) strict separation of powers, save that it follows the fused legislative/executive model in the Westminster style. It is quite prescriptive in terms of matters such as parliamentary privilege, elections,. In many respects its longevity and the vast corpus of important case law thereby generated, along with the fact that it can only be amended by referendum, have all contributed to this development

The Amendment of the Constitution in Relation to the European Union
The Supremacy of EU Law
Democratic Control
Waning Constitutional Influence?
Articles 40 to 44 of the Constitution of
During the referendums on the Lisbon Treaty, certain decisions of the Court of
Introduction
The Presumption of Innocence
Nullum crimen, nulla poena sine lege
The issue of in absentia judgments has also proved troubling
Proportionality and EU Criminal Law
The EU Data Retention Directive
Unpublished or Secret Legislation
Rights and General Principles of Law in the Context of
The ESM Treaty, Austerity Programmes and the Democratic, Rule-of-Law-Based State
Ireland was in an EU sponsored bailout from 2010 to 2013
The number of
The Irish courts have not yet given any indication of a Solange style rebellion
Other Constitutional Rights and Principles
2.10.1 Much of the contemporary
2.11 Article 53 of the Charter and the Issue of Stricter Constitutional Standards
2.12.1 Fair Trials International has noted that the adoption of the European Arrest
Constitutional Rules on International Organisations and the Ratification of Treaties
The Position of International Law in National Law
Findings
IMF Bailout Programme
Full Text
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