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The President - Coggle Diagram
The President
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• Article 26 reference: when the president refers a bill to the SC on doubt of its constitutionality, the president first has to consult the Council of State and SC has 60 days to return a verdict. There is only one judgment i.e. no dissents.
This has been criticised as dissenting opinions offer an important insight into the flaws around a certain piece of legislation, which some commentators have noted may inhibit the development of constitutional case law.
Even though a bill has not yet been enacted, it will still enjoy a presumption of constitutionality. However if a bill is similar to previous unconstitutional legislation, it will not enjoy the presumption. This happened with the Equal Status Bill 1997.
President only has 7 days to refer a bill. This is a short time limit. 60 day time limit which the SC has was criticised in Re Article 26 and the Employment Equality Bill.
Also, a bill once enacted, cannot be challenged again. This is referred to as 'gold plating'. It has been argued that this goes against the idea that the constitution is a living document and needs to be interpreted in a fluid manner with the passing of time.
• Any practical powers they have are usually exercisable on the advice of the Government (Article 13.9) i.e. they do not have discretion
Even if they have discretionary power, the president is obliged to consult the Council of State.
State (Walshe) v Murphy: argument that a dc judge had not been properly appointed; an argument was made that because the president is not answerable to any ct that the ct could not declare the appointment invalid, that being an appointment of the president. However ct held this appointment to be merely formalistic, and granted itself jurisdiction in the matter.
President is not answerable to the Oireachtas either. But this is uncontroversial as most of the powers are exercisable on the advice of the Government or Taoiseach.
President can be removed for stated misbehaviour and when they are incapacitated. In this case, a presidential commission is set up to fulfil the role. in their actions.
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