The separation of powers in the Irish constitution

著者

    • Morgan, David Gwynn

書誌事項

The separation of powers in the Irish constitution

David Gwynn Morgan

Round Hall Sweet and Maxwell, 1997

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注記

Based on author's thesis (Ph. D.)--University College, Cork, 1995

Includes bibliographical references and index

内容説明・目次

内容説明

"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.

目次

History of the idea of the seperation of powers in Britain and the USA. Policies underlying the doctrine. The separation of powers in general. Judicial function - the 'administration of justice'. Tribunals and the separation of the judicial power. Article 37. 'Public rights'. Forms of interference with a decision of a court. The criminal justice system and the separation of powers. Separation of the judicial organ. Legislative function and legislative organ. The executive function. Conclusions.

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