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The Separation of Powers in the Irish Constitution

By (author) David Gwynn Morgan
Format: Paperback
Publisher: Round Hall Ltd, Dublin, Ireland
Published: 31st Jan 1997
ISBN-10: 1899738207
ISBN-13: 9781899738205
Barcode No: 9781899738205
The separation of powers is based on the idea that all governmental functions may be divided into three distinct classes - the judicial, legislative and executive - and that each of these functions should be housed in its own separate and independent organ of government. Certain elements of this notion form the basis of the Irish Constitution (in Articles 6, 15, 28, 29, 34 and 37). This book analyzes and evaluates these provisions and the ways in which they have been implemented by the courts. It concludes that the separation of powers, especially in relation to the judicial function and organ, has taken a more stringent form in Ireland in other states, for instance the USA and Australia, in which it has been adopted.

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