LW158: A Key Election Plank Was To Amend The Constitution To Reflect The Divine Right Of Kings: Constitutional Law Assignment, UCD, Ireland

There are TWO parts to this continuous assessment. Please answer ONE question from EACH part.

Part One

Answer either question A or B

A. In late 2021, a new political party forms in Ireland. Calling themselves ‘The Irish Jacobite Party’, they base their political platform on the belief that the Stuart Monarchy were the rightful heirs to the dormant Irish Crown, and that the ‘true King’ of Ireland was the current Duke of Bavaria. Much to everyone’s surprise, they romped to victory in the 2022 general election and succeeded in forming a majority government.

A key election plank was to amend the Constitution to reflect the Divine Right of Kings; like James, I said on 21 March 1609: ‘The State of Monarchy is the supremest thing upon earth…’ In order to achieve this end, they propose to amend the Constitution to enshrine the Divine Right of Kings and remove any references to popular sovereignty as the basis of the Irish Constitution. You are approached by the Attorney-General to provide expert advice on the feasibility of this proposed action. Advise the AG as to what provisions of the Constitution would have to be amended, any potential legal issues that might arise as a result of this course of action, and whether there are any solutions to the legal issues that you identify.

B. Discuss the different ways in which the Irish courts have approached the question of constitutional interpretation with reference to case law. In your answer, explain whether any of the approaches that you identify have become more or less popular over time.

Answer either question C or D

C. The Constitution provides that the Oireachtas enjoys the ‘sole and exclusive power of making laws, that the Government shall be accountable to Dáil Eireann, that the State budget must be approved by the Dáil, that war can only be declared with the assent of Dáil Eireann. This all reflects that the Oireachtas is the most powerful branch of State. In comparison, the Government is very weak in its powers. Critically discuss the above statement and the extent to which it reflects political reality. Your answer should include an explanation of the relationship between the Oireachtas and Government and the impact of political parties on the separation of powers.

D. The Courts have done a good job in balancing the constitutional rights of citizens subject to investigation, arrest, and interrogation by the Gardaí on the one hand, and the duty of the State and  Gardaí to investigate and prosecute criminal activity on the other. Critically discuss this statement with reference to case law on the right to access to a solicitor and on the exclusion of unconstitutionally obtained evidence.