2024 · AprilQ1
Aoife, a constituent of Dublin Bay South, brings High Court proceedings challenging the constitutionality of Section 3 of the Hypothetical Public Order (Amendment) Act 2024 which empowers the Garda Síochána to detain a person for up to 96 hours without judicial review where the Garda has reasonable suspicion of involvement in 'public-disorder activity'. Aoife also challenges the Act's reverse-onus provision in s.4 (the accused must prove she was not present at the disorder). Advise Aoife on her constitutional grounds of challenge under Articles 38, 40.4 and 40.6 of the Constitution.
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2024 · AprilQ2
Discuss the constitutional doctrine of separation of powers as applied by the Irish courts, with particular reference to the limits placed on the courts in granting mandatory orders against the executive. Use *TD v Minister for Education* [2001] 4 IR 259, *Sinnott v Minister for Education* [2001] 2 IR 505, and the climate-change litigation in *Friends of the Irish Environment v Government of Ireland* [2020] IESC 49 in your answer.
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2024 · AprilQ3
Critically evaluate the doctrine of unenumerated rights under Article 40.3.1° of the Constitution of Ireland, with reference to *Ryan v Attorney General* [1965] IR 294, *McGee v Attorney General* [1974] IR 284, and *Norris v Attorney General* [1984] IR 36. Has the doctrine been displaced by reliance on the ECHR?
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2024 · AprilQ4
Brendan, an Irish citizen, refuses to be vaccinated as required by emergency Public Health Regulations 2024 (issued under primary legislation). He alleges breach of his bodily integrity, autonomy and family-life rights. Advise Brendan, with reference to *Norris v AG*, *Heaney v Ireland*, and *NHV v Minister for Justice*. What is the correct test for measuring the constitutional validity of these regulations?
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2024 · AprilQ5
What are the constitutional limits on the power of Oireachtas committees to compel testimony and make findings of fact about named individuals? Discuss with reference to *Re Haughey* [1971] IR 217, *Maguire v Ardagh* [2002] 1 IR 385, and the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.
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2024 · OctoberQ1
Aoife, a constituent of Dublin Bay South, brings High Court proceedings challenging the constitutionality of Section 3 of the Hypothetical Public Order (Amendment) Act 2024 which empowers the Garda Síochána to detain a person for up to 96 hours without judicial review where the Garda has reasonable suspicion of involvement in 'public-disorder activity'. Aoife also challenges the Act's reverse-onus provision in s.4 (the accused must prove she was not present at the disorder). Advise Aoife on her constitutional grounds of challenge under Articles 38, 40.4 and 40.6 of the Constitution.
· model answer· marking scheme
2024 · OctoberQ2
Discuss the constitutional doctrine of separation of powers as applied by the Irish courts, with particular reference to the limits placed on the courts in granting mandatory orders against the executive. Use *TD v Minister for Education* [2001] 4 IR 259, *Sinnott v Minister for Education* [2001] 2 IR 505, and the climate-change litigation in *Friends of the Irish Environment v Government of Ireland* [2020] IESC 49 in your answer.
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2024 · OctoberQ3
Critically evaluate the doctrine of unenumerated rights under Article 40.3.1° of the Constitution of Ireland, with reference to *Ryan v Attorney General* [1965] IR 294, *McGee v Attorney General* [1974] IR 284, and *Norris v Attorney General* [1984] IR 36. Has the doctrine been displaced by reliance on the ECHR?
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2024 · OctoberQ4
Brendan, an Irish citizen, refuses to be vaccinated as required by emergency Public Health Regulations 2024 (issued under primary legislation). He alleges breach of his bodily integrity, autonomy and family-life rights. Advise Brendan, with reference to *Norris v AG*, *Heaney v Ireland*, and *NHV v Minister for Justice*. What is the correct test for measuring the constitutional validity of these regulations?
· model answer· marking scheme
2024 · OctoberQ5
What are the constitutional limits on the power of Oireachtas committees to compel testimony and make findings of fact about named individuals? Discuss with reference to *Re Haughey* [1971] IR 217, *Maguire v Ardagh* [2002] 1 IR 385, and the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.
· model answer· marking scheme
2023 · AprilQ1
Aoife, a constituent of Dublin Bay South, brings High Court proceedings challenging the constitutionality of Section 3 of the Hypothetical Public Order (Amendment) Act 2024 which empowers the Garda Síochána to detain a person for up to 96 hours without judicial review where the Garda has reasonable suspicion of involvement in 'public-disorder activity'. Aoife also challenges the Act's reverse-onus provision in s.4 (the accused must prove she was not present at the disorder). Advise Aoife on her constitutional grounds of challenge under Articles 38, 40.4 and 40.6 of the Constitution.
· model answer· marking scheme
2023 · AprilQ2
Discuss the constitutional doctrine of separation of powers as applied by the Irish courts, with particular reference to the limits placed on the courts in granting mandatory orders against the executive. Use *TD v Minister for Education* [2001] 4 IR 259, *Sinnott v Minister for Education* [2001] 2 IR 505, and the climate-change litigation in *Friends of the Irish Environment v Government of Ireland* [2020] IESC 49 in your answer.
· model answer· marking scheme
2023 · AprilQ3
Critically evaluate the doctrine of unenumerated rights under Article 40.3.1° of the Constitution of Ireland, with reference to *Ryan v Attorney General* [1965] IR 294, *McGee v Attorney General* [1974] IR 284, and *Norris v Attorney General* [1984] IR 36. Has the doctrine been displaced by reliance on the ECHR?
· model answer· marking scheme
2023 · AprilQ4
Brendan, an Irish citizen, refuses to be vaccinated as required by emergency Public Health Regulations 2024 (issued under primary legislation). He alleges breach of his bodily integrity, autonomy and family-life rights. Advise Brendan, with reference to *Norris v AG*, *Heaney v Ireland*, and *NHV v Minister for Justice*. What is the correct test for measuring the constitutional validity of these regulations?
· model answer· marking scheme
2023 · AprilQ5
What are the constitutional limits on the power of Oireachtas committees to compel testimony and make findings of fact about named individuals? Discuss with reference to *Re Haughey* [1971] IR 217, *Maguire v Ardagh* [2002] 1 IR 385, and the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.
· model answer· marking scheme
2023 · OctoberQ1
Aoife, a constituent of Dublin Bay South, brings High Court proceedings challenging the constitutionality of Section 3 of the Hypothetical Public Order (Amendment) Act 2024 which empowers the Garda Síochána to detain a person for up to 96 hours without judicial review where the Garda has reasonable suspicion of involvement in 'public-disorder activity'. Aoife also challenges the Act's reverse-onus provision in s.4 (the accused must prove she was not present at the disorder). Advise Aoife on her constitutional grounds of challenge under Articles 38, 40.4 and 40.6 of the Constitution.
· model answer· marking scheme
2023 · OctoberQ2
Discuss the constitutional doctrine of separation of powers as applied by the Irish courts, with particular reference to the limits placed on the courts in granting mandatory orders against the executive. Use *TD v Minister for Education* [2001] 4 IR 259, *Sinnott v Minister for Education* [2001] 2 IR 505, and the climate-change litigation in *Friends of the Irish Environment v Government of Ireland* [2020] IESC 49 in your answer.
· model answer· marking scheme
2023 · OctoberQ3
Critically evaluate the doctrine of unenumerated rights under Article 40.3.1° of the Constitution of Ireland, with reference to *Ryan v Attorney General* [1965] IR 294, *McGee v Attorney General* [1974] IR 284, and *Norris v Attorney General* [1984] IR 36. Has the doctrine been displaced by reliance on the ECHR?
· model answer· marking scheme
2023 · OctoberQ4
Brendan, an Irish citizen, refuses to be vaccinated as required by emergency Public Health Regulations 2024 (issued under primary legislation). He alleges breach of his bodily integrity, autonomy and family-life rights. Advise Brendan, with reference to *Norris v AG*, *Heaney v Ireland*, and *NHV v Minister for Justice*. What is the correct test for measuring the constitutional validity of these regulations?
· model answer· marking scheme
2023 · OctoberQ5
What are the constitutional limits on the power of Oireachtas committees to compel testimony and make findings of fact about named individuals? Discuss with reference to *Re Haughey* [1971] IR 217, *Maguire v Ardagh* [2002] 1 IR 385, and the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.
· model answer· marking scheme