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Law Question

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  • 13-07-2010 1:04pm
    #1
    ayala89
    Closed Accounts Posts: 11 ✭


    Hi there, i was wondering if someone could please help me answer this question?

    Under what circumstances can an act passed by the oireachtas be struck down by the high court or supreme court?

    Thanks so much for helping me.


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    #2
    Rothmans
    Registered Users Posts: 1,805 ✭✭✭Rothmans


    ayala89 wrote: »
    Hi there, i was wondering if someone could please help me answer this question?

    Under what circumstances can an act passed by the oireachtas be struck down by the high court or supreme court?

    Thanks so much for helping me.


    If it is unconstitutional (eg a breach of the seperation of powers) it can will should be struck down.
    However, the doctrine of severability mandates that where only certain section(s) are unconstitutional they can be severed if possible, leaving the rest of the Act legitimate. Obviously, this doctrine cannot be applied if the whole nature of the Act is repugnant to the constitution.


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