Separation of powers

xoxyx

Hey all,

I have what's probably a stupid question re. the separation of powers in Ireland. Now, we have the judiciary (my favourite), the executive, and the legislature. So, I'm sure this has all been explained to me in constitutional classes back in the day, but, what's the deal with members of the legislature also being members of the executive?

In a way, isn't this similar to having a practising judge in the Oireachtas (assuming they were allowed to take on a part time job...)?

I know there'll be a simple and logical explanation, but I can't think of it at the mo.

Thanks!!

Het-Field

People regularly refer to the Separation of Powers doctrine in Ireland as "imperfect". I am also aware of problem questions in undergraduate examinations which read along the lines of "Ireland and its imperfect separation of powers" Discuss.

While it is fused with the legislature, the executive gives life to the acts of oireacthas, and if a member of the executive is seen to legislate in carrying out its executive function, the Courts will step in and prevent the ultra vires act from coming to pass. The executive has specific functions, and it acts effectively on the structure of the legislature. If you crack open Kelly's Constitutional Law, it will all come back to you!

johnnyskeleton

From a practical point of view, we don't have as clear cut a divide between executive and legislative in Ireland, primarily due to historic reasons.

The Irish president is the de jure executive, but the de facto executive power is exercised by the Taoiseach and the Government.

There are circumstances where the executive and legislative powers are different, for example where there is a backbench revolt over a certain piece of legislation.

As far as I recall, you don't even need to be a TD to be a government minister or even Taoiseach, because provided the Dail elects a person to be a minister that passes constitutional muster.

In any event, in theory the executive and legislative functions are separate, because the legislature is not its individual members (some of whom may be part of the government) but is the legislative body as a whole.

As regards judges sitting in parliament, don't forget that until recently the highest court in the UK was a brach of their upper house of parliament (the House of Lords).

Perhaps there should be a system whereby the executive are directly elected by the people (although this could backfire if an opposing party was in the legislature). Any such system would require a referendum.

Victor

johnnyskeleton wrote: »

As far as I recall, you don't even need to be a TD to be a government minister or even Taoiseach, because provided the Dail elects a person to be a minister that passes constitutional muster.

Finance, and I think Taoiseach, must both be TDs. Other ministers can be senators, which includes the Taoiseach's 11 nominees.

coylemj

Taoiseach, Tanaiste and Minister for Finance must be members of Dail Eireann (Bunreacht na hEireann 28.7.1).

The other members of the Government must be members of the Dail or Seanad but not more than two members of Seanad Eireann (28.7.2).