ipl-logo

Crotty V Taoiseach

1146 Words5 Pages

“the essential nature of sovereignty is the right to say yes or to say no.”
-Crotty v An Taoiseach [1987] IR 713, per Walsh J at 781

The 1937 Constitution of Ireland lays down the foundation upon which Irish law is structured and built on. In addition, it affirms the sovereignty of the Irish state and nation. The sovereignty of the Irish state and nation is a salient aspect of the Constitution and it refers to the idea of the complete legal and political authority of a governing body over itself, without the influences of external bodies. Walsh J’s view that “the essential nature of sovereignty is the right to say yes or to say no.”[1] seems to be an accurate summarization of the principles of national and popular sovereignty to a significant …show more content…

The McKenna v An Taoiseach case established the importance of the idea that the Government's powers derive from the people and the importance of the people's free choice. It was found to be incorrect for the government to spend public money promoting the views of only one side and thus, interfering with the election. This demonstrates that the Government is not allowed to influence and thus navigate outside of the public’s will. "Article 6 proclaims that all powers of Government, legislative, executive and judicial, are derived under God from the People. In having a referendum the People are taking a direct role in Government either by amending the Constitution or refusing to amend it. Such an amendment can only be initiated by the legislature, where the relevant legislation may be promoted by any member of the legislature. When the relevant legislation has been passed by both Houses the constitutional process must continue."[2] As the derivation of the totality of the powers the Government wields is the people, the people should have a say in the Government’s policies through the initiation of referendums. …show more content…

Boland v An Taoiseach. [1974] IR 338.
McGimpsey v An Taoiseach [1990] IR 110
Pringle v Government of Ireland [2010] IEHC 369
Webb v Ireland [1988] IR 353
Gerard Hogan and Gerry Whyte, J.M. Kelly: The Irish Constitution
( Bloomsbury Professional,

Show More
Related

  • Ned Kelly: Australia's Most Famous Rebellion

    1631 Words  | 7 Pages

    The letter called for an end to English rule over Ireland and significantly also proposed distributing wealth away from the rich land owners for the betterment of poor selector

    Read More

  • The Core Of The Case Against Judicial Review By Jeremy Waldron

    486 Words  | 2 Pages

    Waldron introduces his arguments by suggesting that judicial review has become an accepted part of modern constitutional theory, but overall it is fundamentally undemocratic because it takes decision-making power away from elected officials, by giving it to unelected judges. This, he says, is a violation of the principle of popular sovereignty, which states that the people should have the final say in how they are governed. Waldron infers that

    Read More

  • Examples Of Democracy In Colonial America

    317 Words  | 2 Pages

    An example of this can be found in the historic document called The Fundamental Orders of Connecticut. Somewhere within this document, it read: “The choice for governor shall be made by all those who are eligible to vote.” This means that any decision that the governor makes for the colony must be supported by the people’s votes.

    Read More

  • Difference Between The Articles Of Confederation And The Constitution

    1617 Words  | 7 Pages

    Throughout the annals of history, the advocation for a democratic government has been at the forefront of many prosperous, well known societies. From Ancient Greece, to countries that have based their prosperity on democracy, like the United States for instance, popular sovereignty has been the contributing factor that integrates the common man into the government in which they are encapsulated. In the context of the American Independence movement, the need for American people to rule by their own terms meant the difference between being the slaves of a tyrannical leader, or the people belonging to a free society. The recalcitrant Americans fought against the unruly British in order to gain this independence. The document that initially gave

    Read More

  • Does Natural Rights Philosophy Justify A Right To Revolution?

    666 Words  | 3 Pages

    The statement, "Governments are instituted among men, deriving their just powers from the consent of the governed" means that if a majority of the

    Read More

  • Similarities Between Us And Texas Constitution

    985 Words  | 4 Pages

    In order to ratify, three-fourths of all state legislatures must ratify or three-fourths must approve via Ratifying Conventions. Initiative and referendum are powers granted to the electorate by the constitution of several states and refer to the processes that allow voters to vote directly on certain legislation. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Texas does not provide for this, however, states such Arizona has initiated statues and amendments and New Mexico has referendum only. The current Texas Constitution is ridiculed by scholars as being a burden by excessive detail, outdated and contradictory provisions as well as too hard to amend and it is too unclear in outlining the separation of powers which exists in Texas.

    Read More

  • Essay On The Progressive Era

    461 Words  | 2 Pages

    Referendum was a law that legislature passed that the people can approve or veto it. Recall is when the people can request and vote to have a chosen approved official moved form

    Read More

  • Social Problems During The Progressive Era Essay

    753 Words  | 4 Pages

    During the progressive era our country faced many problems. The rise of substantial businesses caused industrial problems. Women suffrage, alcohol, child labor, and safety issues caused social problems. The necessitation of citizens in government decisions also caused political problems. Progressives were people who wanted to solve all of these quandaries.

    Read More

  • The Dark Side Of Human Rights By Onora O Neill

    599 Words  | 3 Pages

    The result is unappealing for a normative account of human rights, as both the rights and the obligations become “special, not universal” (431). However, O'Neill identifies the “deepest problem” to be that the obligations attributed to states are second-order, namely to “secure” the respect of liberty rights and “ensure” the fulfilment of rights to goods and services (433). The issue is that first-order obligations are the counterparts of the rights described instead (434). She argues that the state relegates first-order obligations to individuals, who become the “beneficiaries” of obligations while bearing their “burden” (436). Ultimately, she voices concern that overburdening 'the farmer and the physician' may diminish both their willingness of provide their respective services and the quality of their labour

    Read More

  • Logos And Ethos In The Declaration Of Independence

    902 Words  | 4 Pages

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. This statement by the Founding Fathers is the core disagreement between the 13 Colonies and Great Britain. Throughout this historical document, there are multiple arguments made to get the authors’ point across. The authors’ effectively use logos, ethos, and pathos to contribute to the formation of the concluding argument. Logos is used because the thesis is straight to the point and it is supported throughout the entire document.

    Read More

  • Similarities Between The American Constitution And The Australian Constitution

    1365 Words  | 6 Pages

    A referendum is a vote by citizens over the age of 18, just like voting in an election. However, instead of voting on politicians like in an election, in a referendum people vote on a specific change to the Constitution. In a 1967 referendum, over 90% of Australian voters voted to change the Constitution to give the federal parliament the power to make laws in relation to Aboriginal people and to allow them to be included in the census. However, this referendum still did not recognize Aboriginal people as the first people of Australia. Even though now the Aboriginal people are mentioned in the Constitution, as former High Court Justice Michael Kirby said, " Constitutionally speaking we are still basically White Australia, however much we boast that we have changed.

    Read More

  • Causes Of The Anglo-Irish Treaty

    2065 Words  | 9 Pages

    Introduction The signing of the Anglo-Irish Treaty on December 6, 1921 brought the Irish War of Independence to conclusion, halting the guerrilla warfare between forces from the Irish Republic and the United Kingdom of Great Britain and Northern Ireland. Unfortunately, the explicit terms of the Anglo-Irish Treaty of 1921 generated a mass amount of tension within Ireland, specifically between Irish Republicans. Ultimately, I believe the Irish Civil War came about as a conflict over whether or not to accept the terms of the Anglo-Irish Treaty. The war engaged in two forms of warfare—conventional and guerrilla—the first lasting from June to August of 1922 and the latter from September 1922 to April of 1923.

    Read More

  • Captivity And Enslavement, By Olaudah Equiano

    1405 Words  | 6 Pages

    The fundamental roles of the individual citizen were to exercise these rights such as expressing their opinion in both speaking in public (freedom of speech, 11) and in deciding on things such as taxes (speaking to a representative,14). 3. How does the document define political sovereignty, and how is this definition related to the deputies’ collective sense of identity and

    Read More

  • Henry David Thoreau's Civil Disobedience

    1371 Words  | 6 Pages

    “That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed” (Jefferson, 1776/2014, para. 2). Authority should not reside over individuals, but with them. A heart cannot run a body alone. Likewise, a government does not operate a nation by itself. Individuals help maintain the justice of authority.

    Read More

  • Causes Of The 1641 Rebellion

    991 Words  | 4 Pages

    The planners of the rebellion were Irish landowners that included Gaelic Irish and Old English. In examining the depositions taken at the time, the issues surrounding land is an integral determinant for the outbreak of

    Read More

More about Crotty V Taoiseach

Open Document