Does the Judiciary help or hinder the government in the Republic of Ireland? - page 1
Keywords: republic of ireland judiciary supreme court
By exploiit on 19/06/2010
Level: A Level (Year 13)
Page Number: 1 of 3 pages: 1 2 3The Judiciary arguably both enhances and hinders the role of government in the Republic of Ireland. Many argue that its unelected makeup is sufficient reason for reform and that the powers awarded to members are beyond those which they should really be entitled to. In contrast, it is clear that the Judiciary have proven to deliver and are effectively carrying out their allocated roles. The following will explore both arguments in order to conclude whether or no the Judiciary helps of hinders the government in the Republic of Ireland.
One role of the Judiciary is to stand in judicial review cases, through a member of the public can come forward and take a case against the government or a governmental authority who they believe to have acted beyond their powers (ultra vires). This allows the Judiciary an opportunity to hear both cases and reach conclusions based on their own interpretation of Bunreacht na hÉireann. Through this, judges are able to reinforce de Valera’s Constitution, the vague nature of which ultimately allows the Judiciary to conclude cases in accordance with temporary society and modernise its outdated character. As well as this, judicial review dictates that the President is able to refer government legislation to the Judiciary in order to critically assess the constitutionality of bills. This is essentially the way in which judges keep a check on government, in a way that those in the Dáil and in committee systems are failing to deliver providing clear evidence that the Judiciary is playing a vital role in keeping the government effective in Ireland. It also means that legislation can be thoroughly reviewed in Ireland by those who have no party-political interests. In relation to both points, it is through this mechanism that contentious moral issues are addressed. The Judiciary take it upon themselves as a responsibility to deliver fair, constitutional responses to cases of social importance, and this is necessary due to the failure of the Dáil to do so. TDs do not want to be aligned with unpopular decisions which may damage them or their party, and so a judge’s ruling on this is very significant. The ‘X’ Case in 1992, for example, allowed the Judiciary to deliver the decision that abortion was justified under Article 40.3.3. of the Constitution should the mother’s life be at risk (this includes suicide). This verdict resulted in the 12th, 13th and 14th amendments to Bunreacht na
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