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Laurentiu v Minister for Justice, Equality and Law Reform

  • 10-05-2011 9:56pm
    #1
    Registered Users, Registered Users 2 Posts: 243 ✭✭


    Why was the aliens act 1935 unconstitutional if the executive have the power to control immigration?

    Also how is the only difference between the aliens act and the immigartion act 1999 that the minister can only place specfic criteria on immigrants?


Comments

  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Why was the aliens act 1935 unconstitutional if the executive have the power to control immigration?

    Also how is the only difference between the aliens act and the immigartion act 1999 that the minister can only place specfic criteria on immigrants?

    If i recall that case correctly, the SC held (not unanimously) that the Aliens Act 1935 delegated excessive powers to the Minister for Justice. The legislature are responsible for making the laws of the land but delegated a blanket power to the Minister to regulate the entry and removal of aliens. This was not constitutional as it gave the Minister too much power as it did not set out any limits on the powers delegated to the Minister.

    The answer to your second question is in the question itself. The Legislature sets out the rules and the limits of the Ministers powres to make rules. The Minister can only remove or allow entry of an immigrant in accordance with the rules as set out in the Immigration Acts. The Aliens Act 1935 essentially said, the Minister says who stays and when they can be removed with no limits or conditions listed.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The executive arguably had inherent powers as successor to the royal perogative to prevent non citizens entering the state and ejecting non citizens from the country.

    The legislature however decided in 1935 to enact a statutory provision governing control of non-irish citizens. This was necessary since, arguably the executive power to control aliens in 1935 only extended to non-British subjects. The legislature however by conferring a legislative power on the executive, unconstitutionally delegated excessive power in section 5 and after the 1937 constitution came into force this section was unconstitutional but only declared so in the laurentiu case.


  • Registered Users, Registered Users 2 Posts: 243 ✭✭chunkylover4


    Thanks for clearing that up. Finally is there any issue with the judgement in Chang and leontajava surrounding executive power?


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