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Law students please help!

  • 09-10-2012 9:32pm
    #1
    edgal
    Registered Users, Registered Users 2 Posts: 107 ✭✭


    I have a question regarding constitutional amendments.

    I realize that in A46.2 amendments can only be passed by a referendum, but what if the proposed amendment were so that the government could amend the constitution with acts of parliament (ie: government orders) rather than referendums, would this be legal ?

    (assuming the majority have voted in favor of the above amendment)



    Also, is it legal to abolish / amend fundamental rights in the constitution ?
    Tagged:


Comments

  • #2
    anfield bound
    Registered Users, Registered Users 2 Posts: 57 ✭✭anfield bound


    edgal wrote: »
    I have a question regarding constitutional amendments.

    I realize that in A46.2 amendments can only be passed by a referendum, but what if the proposed amendment were so that the government could amend the constitution with acts of parliament (ie: government orders) rather than referendums, would this be legal ?

    (assuming the majority have voted in favor of the above amendment)



    Also, is it legal to abolish / amend fundamental rights in the constitution ?

    The judiciary would just invalidate it on the grounds that it would be repugnant to the constitution. There's a lot of safeguards in our constitution to avoid a repeat of the 1922 constitution disaster.
    Ammending the ammendment procedure would make a total farce out of the entire constitution and, historically, has been a precursor to tyranny.


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