The constitution of the Republic of Ireland isregarded as grand norm of the state which aids in governing and guiding the waysof the citizens of Ireland.
It is also understood as the fundamental legaldocument that asserts the authority of the people of Ireland. The constitutionis the building block in which the justice of the state is administered andlegal rights are enforced in the courts by the government as previously stated.The constitution also upholds and protects the rights of the people in therepublic of Ireland. The Irish constitution contains over 50 articles with itscontents.1 It created theinstitutions of the state and puts down the rules which governs the interactionbetween the establishments of the state and the people of the state.
The peopleare allowed to question and challenge any laws or rules introduced by thegovernment. The Irish constitution bases its laws on the common law approach,which is the approach used by most of the countries in the European Union.2 A basic aspect of the Irish constitution is thedoctrine of the separation of powers. This doctrine of the separation of powersrequires that the various powers of the state are separated. Each structure isseen to have exclusive powers that are specific to that structure and only itcan exercise said given power. A breach of this exercise of power by adifferent part of the government which is meant for another part of the government,would be deemed as unconstitutional and an incursion of the powers of that partof the government.3The reasoning behind the separation of powers doctrine lies in the notion andidea that there is a danger in leaving or handing full power to one person orone body.
Hence why the government separated the powers into different partsand by doing this each part of government can exercise their powers in a waythat allows a scheme of checks and balances by each part being able tosupervise and oversee the activities and the actions of the other parts ofgovernment.4 The judicial power of government of thosecourts includes the power to review the compatibility of statutes with theConstitution and to judicially review subordinate legislation, decisions oractions of the Government or State bodies with a view to determining theirlegality and compatibility with the Constitution, and principles deriving fromthe Constitution such as due process.5As stated theconstitution divides its powers into three and gives each part of thegovernment its own powers. Each of these different parts of the government havetheir roles that each of them play for the good of the state of The Republic ofIreland and these roles are as follows. These parts of government are thefollowing:· TheLegislature· The Executive· The Judiciary1 Ryan, F. (2000).
Constitutional law in Ireland.Dublin: Round Hall Sweet & Maxwell.2 IrishLaw: A student’s Guide. (2017). Constitutional Law.
onlineAvailable at: https://lawinireland.wordpress.com/constitutional-law/ Accessed27 Dec. 2017.3 Cpaireland.ie.
(2017). Cite a Website – Cite This For Me. online Available at:http://www.cpaireland.ie/docs/default-source/Students/Study-Support/F1-Business-Laws/the-doctrine-of-the-seperation-of-powers.pdf?sfvrsn=0Accessed 27 Dec. 2017.
4 Fergus,R. and Carolan, B. (2008). Constitutional law. Dublin: ThomsonRound Hall.
5 Supremecourt.ie.(2017). Supreme Court of Ireland. online Available at:http://www.supremecourt.ie/SupremeCourt/sclibrary3.
nsf/pagecurrent/D5F78352A387D74480257315005A419E?opendocument=enAccessed 27 Dec. 2017.