Read on Twitter
Worth remembering that Irish Presidency is largely ceremonial in nature except when it comes to laws and dissolving governments. Even then powers are limited and have to be used astutely.
This was astute. Walking a very fine line. https://twitter.com/presidentirl/status/1320491169114165248">https://twitter.com/president...
This was astute. Walking a very fine line. https://twitter.com/presidentirl/status/1320491169114165248">https://twitter.com/president...
A President can’t refuse to sign a law. They can refer a law to the Supreme Court. This has the effect of inoculating the law against future challenge via the Courts.
So, if a law is bad and a potential conflict with EU law looms (and it does) the smarter move is sign the Bill.
So, if a law is bad and a potential conflict with EU law looms (and it does) the smarter move is sign the Bill.
Because this leaves all potential avenues of challenge open for the future.
It doesn’t mean the President approves of a bad law. It means the President is not risking a bad law being made impervious to challenge, even to CJEU.
It doesn’t mean the President approves of a bad law. It means the President is not risking a bad law being made impervious to challenge, even to CJEU.
So, by having a written Constitution, the President and the Oireachtas have clearly defined roles. The job of the President is to sign bills into law. This can be delayed by a referral to the Supreme Court but not halted.
The knack is knowing how to navigate that system.
The knack is knowing how to navigate that system.
Because the separation of powers is important.
A President who resigned because they didn’t like a law that was put in front of them takes an easy route for them. But the law still gets signed, so fuck all use, and we need a new President (and a pliable stooge would be found)
A President who resigned because they didn’t like a law that was put in front of them takes an easy route for them. But the law still gets signed, so fuck all use, and we need a new President (and a pliable stooge would be found)
So, signing the Bill into law and issuing a carefully crafted statement is the smarter approach. And it is doing the job of the President. Respecting the separation of powers, but marking the cards of the legislation.
Because the Minister still needs to pass the enabling Statutory Instrument to actually bring the Act into force. This doesn’t always happen, or happens selectively. For example, most of the Data Sharing and Governance Act remains on the shelf and not enabled.
So, before anyone starts with sound bites that “all is well with this legislation because MDH signed it”, perhaps an alternative take is he has thrown it to the wolves rather than risk it being immunized against any challenge.
