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Brief thoughts on the place of Houses of Oireachtas. https://twitter.com/gavreilly/status/1252181093878575105?s=20">https://twitter.com/gavreilly...
Much good has already been written. The following analyses all seem sound to me.
http://constitutionproject.ie/?p=770 ">https://constitutionproject.ie/... by @Caseyco231 Hilary Hogan and Ciaran Toland
http://constitutionproject.ie/?p=770 ">https://constitutionproject.ie/... by @Caseyco231 Hilary Hogan and Ciaran Toland
http://constitutionproject.ie/?p=774 ">https://constitutionproject.ie/... by @soconaill
https://twitter.com/eoinmauricedaly/status/1252201885588688896?s=20">https://twitter.com/eoinmauri... by @eoinmauricedaly
The constitutional text didn& #39;t contemplate this pandemic, physical distancing, or the technology to allow society / institutions function despite physical distancing
15.1.3: The Houses of the Oireachtas shall sit in or near the City of Dublin or in such other place as they may from time to time determine.
15.11.1 All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.
Looked at in 1937, & #39;sit& #39;, & #39;Dublin& #39;, & #39;other place& #39;, & #39;present& #39; imply physical sittings. But it& #39;s a significant move to say they preclude virtual sittings. Why make that move?
I think @eoinmauricedaly right that & #39;the Constitution becomes a plethora of Things You Can& #39;t Do, based on a precautionary approach to the State not losing cases after acting in constitutional grey zones.& #39;
But also I think the precautionary approach here is a very flawed assessment of how courts would respond. The Constitution is meant to enable democratic governance. Constitutional values not infringed by virtual sittings. The courts are not agents of chaos.
In contrast, using 15.10 and 15.11 to make SOs to have sittings with reduced members would impinge constitutional values and is arguably unconstitutional. OK if TDs agree not to attend. But problematic for majority to be able to exclude other TDs from future sittings
