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Vague Question about Criminal Assets Board

  • 23-06-2020 3:41pm
    #1
    marieholmfan
    Registered Users, Registered Users 2 Posts: 2,744 ✭✭✭


    Why was the introduction of new penalties on the creation of the criminal assets board not unconstitutional as the creation of retroactive law?


Comments

  • #2
    28064212
    Registered Users, Registered Users 2 Posts: 10,902 ✭✭✭✭28064212


    Which parts would be unconstitutional? It's generally on the person suggesting something may be unconstitutional to provide an argument. Absent a specific Supreme Court ruling, it's almost impossible to prove that something is constitutional.

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  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,989 ✭✭✭✭Peregrinus


    There's no constitutional prohibition on "the creation of retroactive law". Art 15.5 says that :the Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission", but that's much more limited.

    Does the CAB legislation retrospectively declare actions to be unlawful which were not unlawful when they were taken?


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