Following the majority’s ruling in TD v Minister for Education

Questions:-

Topic 1: Following the majority’s ruling in TD v Minister for Education,[1] the Irish Supreme Court appears to have adopted a rigid interpretation of the separation of powers. The majority’s ruling in the TD case suggests that only in the most extreme circumstances should the courts grant a mandatory order compelling other organs of the state to distribute the nation’s wealth in a particular way.

Do you think that this apparent current position of the courts is a correct and appropriate interpretation of the Irish Constitution? (You may, of course, as well as considering TD v Minister for Education, consider other relevant judgments).

Topic 2:

When it comes to constitutional criminal trial rights the courts must strike a delicate and important balance between:

1. protecting society’s overall interest in allowing the criminal justice system to effectively detect and punish criminal activity, as against,
2. protecting the constitutional rights of a person accused of a crime.

Critically analyze one (or more) areas of Irish constitutional law concerning criminal trial rights covered in lectures and assess whether you think the courts have got this balance right. If you like, suggest how you would make improvements in the area (or areas) of law that you discuss.