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The Separation of Powers in the Irish Constitution

By (author) David Gwynn Morgan
Format: Book
Publisher: Round Hall Ltd, Dublin, Ireland
Published: 30th Mar 1997
Dimensions: h 180mm
ISBN-10: 1899738215
ISBN-13: 9781899738212
Barcode No: 9781899738212
"The Separation of Powers" as an 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 govenrment. Certain elements of this theoretical notion form the backbone of the Irish Constitution (in Articles 6, 15, 28, 29, 34 and 37). This text analyzes and evaluates these provisions and the ways in which they have been implemented by the courts. The conclusion reached by the author is that "Separation of Powers", especially in relation to the judicial function and organ, has taken a more stringent form in Ireland than in other states, for instance the USA and Australia, in which it has been adopted.

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