Judges and the political organs of State (original) (raw)

This chapter considers the record of the Irish Supreme Court in its constitutional policing of the two political “organs of State.” It outlines the basis upon which the judicial organ enjoys the authority to determine the limits of the powers of the Oireachtas and Government. It explores the various approaches taken by judges and courts in a selection of the main cases in the period 1970-2020. On the powers of Government – and the power of the judicial organ with respect to those powers – it considers the famous case of Crotty v An Taoiseach. Here, a five-judge Supreme Court split on a fundamental question of constitutional principle: whether Government had the authority to enter the State into a particular treaty. Two of the five saw no basis for judicial intervention, whereas three, and thus a majority, were satisfied that there was such a basis. As for the powers of the Oireachtas – and the power of the judicial organ with respect to those powers – the chapter looks at In re Haughey, Abbeylara and Angela Kerins. Like Crotty, these cases go to the heart of the separation of powers in Irish constitutional law and politics. Overall, the analysis suggests that Irish judges have not been at all meek in their constitutional regulation of the political organs of State. They have happily stepped in, though generally seeking to limit their interventions to particular cases and contexts.