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Law Question

ayala89 · 2010-07-13 12:04:26

Hi there, i was wondering if someone could please help me answer this question? Under what circumstances can an act passed by the oireachtas be struck down by the high court or supreme court? Thanks so much for helping me.

13-07-2010 12:04pm

#1

ayala89

Closed Accounts Posts: 11 ✭

Join Date: July 2010

Posts: 3

Hi there, i was wondering if someone could please help me answer this question?

Under what circumstances can an act passed by the oireachtas be struck down by the high court or supreme court?

Thanks so much for helping me.

0

Comments

#2 13-07-2010 7:04pm

Rothmans

Registered Users, Registered Users 2 Posts: 1,805 ✭✭✭

Join Date: April 2010

Posts: 1780

ayala89 wrote: »

Hi there, i was wondering if someone could please help me answer this question?

Under what circumstances can an act passed by the oireachtas be struck down by the high court or supreme court?

Thanks so much for helping me.

If it is unconstitutional (eg a breach of the seperation of powers) it can will should be struck down.
However, the doctrine of severability mandates that where only certain section(s) are unconstitutional they can be severed if possible, leaving the rest of the Act legitimate. Obviously, this doctrine cannot be applied if the whole nature of the Act is repugnant to the constitution.

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