Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank Deputy McGrath. I originally heard the speech yesterday and he has repeated it today. It is a well-known construction of law that laws passed by the Oireachtas are presumed to be constitutional until the contrary is established - that is the presumption of constitutionality that is assigned to every piece of legislation that is enacted until it is deemed to be unconstitutional by the only valid authority, which is the Supreme Court of Ireland, and there is a separation of powers. Additionally, Bills which have not yet received the signature of the President also enjoy that presumption of constitutionality. That is the way it has always been in the operation of this House. It is only upon the adjudication pursuant to Article 26 - an Article 26 referral in the case of a Bill - that such a presumption can be rebutted, not by a Deputy standing up in the House. It is only the courts, including the Supreme Court, that, in deference to the doctrine of the separation of powers, have the jurisdiction, the capacity and the authority to decide on the validity of any law, including a Bill, and the courts must do so having regard to the Constitution.

In regard to the power to repeal legislation, that of course rests here with the Legislature. This Legislature is gathered on the authority of the people at the last election and we have the authority, if we deem it, to repeal other enactments, including sections of the 1861 Act that the Deputy argues we have not got.

See this speech in context