Does the Supreme Court's Decision in Cityview Press vs. An Comhairle Oiliuna Have Any Enduring Relevance in a Modern Regulatory Society?
Does the decision of the Supreme Court in Cityview Press v. An Comhairle Oiliuna [1980] IR 381 (and ensuing case-law) have any enduring relevance in a modern regulatory society?
A study into the case of Cityview Press v. An Comhairle Oiliuna highlights the difficulties enshrined in delegated legislation and the problems associated with it and the matters of conflict in create in relation to the Irish Constitution. Article 15.2 establishes the position of the Constitution in relation to delegated legislation, in that it states; (1) “The sole legislative power of making laws for the State is hereby vested in the Oireachtas; No other legislative authority has the power to make laws for the State.” In addition to this, provisions may be made “…by law for the creation or recognition of subordinate legislatives and for the powers and functions of these legislatures.” (Article 15.2.2) Article 15.2 gives an indication of the separation of powers in force in the Irish government, and the provision for this separation in the constitution acts as a safeguard on Irish legislation. It serves to protect the function of the Oireachtas as laid down in the constitution, preventing the passage of legislation passed down through undemocratic means. It restricts the powers of Ministers and other authorities to make statutory instruments or subordinate legislation. What this essay aims to examine is the relevant case-law, the application of Article 15.2, its effects on legislature, and the dominant factors involved when negotiating the minefield of delegated legislation.
It is a fact of modern political life that delegated legislation is unavoidable. This is due partly to the manner of the amount of detail involved and with which certain matters must be regulated, a degree of detail well beyond what can, with convenience, be encompassed inside statutory legislation. As noted by Keane J; “ The increasing recourse to delegated legislation throughout
A study into the case of Cityview Press v. An Comhairle Oiliuna highlights the difficulties enshrined in delegated legislation and the problems associated with it and the matters of conflict in create in relation to the Irish Constitution. Article 15.2 establishes the position of the Constitution in relation to delegated legislation, in that it states; (1) “The sole legislative power of making laws for the State is hereby vested in the Oireachtas; No other legislative authority has the power to make laws for the State.” In addition to this, provisions may be made “…by law for the creation or recognition of subordinate legislatives and for the powers and functions of these legislatures.” (Article 15.2.2) Article 15.2 gives an indication of the separation of powers in force in the Irish government, and the provision for this separation in the constitution acts as a safeguard on Irish legislation. It serves to protect the function of the Oireachtas as laid down in the constitution, preventing the passage of legislation passed down through undemocratic means. It restricts the powers of Ministers and other authorities to make statutory instruments or subordinate legislation. What this essay aims to examine is the relevant case-law, the application of Article 15.2, its effects on legislature, and the dominant factors involved when negotiating the minefield of delegated legislation.
It is a fact of modern political life that delegated legislation is unavoidable. This is due partly to the manner of the amount of detail involved and with which certain matters must be regulated, a degree of detail well beyond what can, with convenience, be encompassed inside statutory legislation. As noted by Keane J; “ The increasing recourse to delegated legislation throughout