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Time for a new political party?

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    #32
    Permabear
    Closed Accounts Posts: 39,022 ✭✭✭✭Permabear


    This post has been deleted.


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    #33
    Lockstep
    Registered Users Posts: 9,030 ✭✭✭Lockstep


    donegalfella wrote: »
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    Well, most parties are pro-state anyway so non-interference isn't usually something touted too highly, however, this does not stop parties increasing freedom by ending (for example) limits on opening hours in pubs.(as my branch proposed at the Labour conference)

    Ther American Libertarian Party could be an example, they have a policy of not bailing out banks (non-intervention) They would not need legislation to enforce this, they would just need to not bail out the banks.
    donegalfella wrote: »
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    There is a difference between it enacting legislation not to interfere with something and attempting to interfere with something excessively; it would be easier for the governnment to limit it's powers through legislation but expanding would be far harder to do through the Constitution. It could limit it's curtailing of free speech by changing it's laws in relation to blashphemy for example. It would be much harder for it to increase it's curtailing of free speech as the judiciary would easily be able to strike it down as unconstitutional.

    donegalfella wrote: »
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    Free, State provided education does fall within the Constitution (at a primary level anyway, and it does include a provision to allow reasonable aid to private education) and to provide other educational facilities so it's not really the best example.

    As it is, we have a State with a wide ranging reach of powers, so it would be reasonable for a party to outline where it would not interfere rather than creating unenumerated rights where the State cannot tread.
    donegalfella wrote: »
    An analogous example would be our government issuing a policy statement saying that it does not intend to introduce mandatory Irish into French schools. The Irish government has no constitutional authority over France, and so any such policy statement would be meaningless at best, and confrontational at worst.
    The issue there lies in international law and soveriengnty. We are discussing Ireland here, and a party's policy in relation to Irish law.

    It would not be unreasonable for a party to say where it would stand on existing laws (existing laws carry a presumption of constitutionality), policy statements like the one above are fairly absurd given that it would need to be conjured up out of thin air and would probably be unconstitutional under 29.3.


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    #34
    Permabear
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    #35
    Lockstep
    Registered Users Posts: 9,030 ✭✭✭Lockstep


    donegalfella wrote: »
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    Fair enough, but I'm referring to the State as it now stands.

    donegalfella wrote: »
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    The Irish Constitution isn't too bad as far as freedoms go (provisions for private education, separation of powers with the judiciary being fairly strong and yet unable to tell the executive to enforce socio-economic rights)

    The government isn't really able to expand it's powers through legislation. The judiciary make sure of that.
    donegalfella wrote: »
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    True but that would have to be done through referendums as it is amending the Constitution. I was using it as an example in that the State could easily limit it's powers but could not expand them.


    donegalfella wrote: »
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    I have to admit, I'm a big fan of the Irish Constitution. It has it's flaws but in the time it was written, it's amazing how progressive it was given that De Valera had a single chamber dominated by his party and avoided the pitfalls of the amendments to the Free State Constitution.. It's interpretation also allows it to be updated and be relevant to nowadays.


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    #36
    Riddle101
    Registered Users Posts: 8,413 ✭✭✭Riddle101


    It all depends. How would a new political party be any different to the ones we have now?


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    #37
    Permabear
    Closed Accounts Posts: 39,022 ✭✭✭✭Permabear


    This post has been deleted.


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    #38
    Lockstep
    Registered Users Posts: 9,030 ✭✭✭Lockstep


    donegalfella wrote: »
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    I completely agree.
    I don't think there should be any restrictions on free speech (although I'd accept reasonable limits when there is an explicit incitement to hatred)

    THis is something I would like to see amended,


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