Assent to Laws: The Law of Ireland
When you read the English constitution of Ireland, which is part of the constitution of the Republic of Ireland, you will find that there are two separate provisions for giving assent to laws. The first section of the constitution gives assent to laws passed by parliament and the second gives assent to laws passed by the government.
The English constitution is a co-sovereign one, which means that it was adopted under the terms of the Westminster constitution, which is part of the United Kingdom constitution. The constitution of England also includes Scotland, Wales and Northern Ireland. In Scotland, the Scottish Parliament has the right to legislate on devolved matters, but not on matters reserved for Westminster, whereas in Northern Ireland, both the Scottish and Irish Parliaments have power to legislate on devolved matters.
The provision to give assent to laws in the constitution of the Republic of Ireland is made in article eight, paragraph four of the Irish Constitution, which gives assent to laws passed by the elected representatives of the people of Ireland. Article nine of the same constitution gives assent to laws passed by the government. There is no provision to give assent to laws passed by the parliament.
Although the people of Ireland have given assent to laws through the parliament, the constitution of Ireland still remains subject to change in order to take account of the wishes of the Irish people. There is no provision for giving assent to laws passed by the government when an election is due to take place.
Because there is no provision in the constitution for giving assent to laws passed by the parliament, there can be no change in the laws until an election takes place. If the people of Ireland should vote to adopt a change in the constitution, then the new constitution would then have to be approved by the parliament.
The Constitution of Ireland also allows the government to pass other laws which are intended to supplement the provisions of the existing law on the same matter. For instance, if a particular person is charged with a criminal offence, a law can be passed which provides that any other person can apply for the same charge as well. The courts can then apply the laws of the different countries in respect of the applicant. In such cases, the application is considered a derivative application of the original case, and the original charge or offence is taken off from the charge sheet.
The English constitution also includes provisions for giving assent to legislation which is likely to lead to new laws. being made which could have a direct bearing on the status of any person, institution or organisation in Ireland. These include provisions for protecting individuals against discrimination based on sex, race or religion and those against expatriation.
There are provisions within the constitution of the United Kingdom for providing for the introduction of a register of interests in respect of a corporation which is required for the purpose of maintaining the consistency of the law in Ireland, the United Kingdom. The register also provides for ensuring that a person is entitled to a share of a company which has its seat in the United Kingdom and for the purpose of encouraging investment in business in Ireland.
The same provisions of the constitution which are available for ensuring the consistency of the laws in the UK can be used in respect of assent to laws made in the Republic of Ireland. This can be accomplished by amending the constitution by amending articles concerning assent to laws relating to taxation, the freedom of movement within the country and the financial administration.
Assent to laws may also be given to laws which provide for the regulation of the right of assembly, the press and the right to privacy in the media. which may also affect the people of Ireland in a negative way.
The constitution provides for the law of the State to be governed by the principle of the equality of citizens before the law, which means that any citizen has a right to equal treatment before the law as any other citizen. and any person who believes that they are deprived of this right because of race, colour, sex, origin or national origin cannot be subjected to the jurisdiction of a court-martial.