Seanad debates
Wednesday, 18 June 2003
European Convention on Human Rights Bill 2001: Second Stage.
However, it was my view when Attorney General, as it is the view of the present Attorney General, accepted by the Government, that the fatal flaw with such an approach is that it would have the capacity to undermine one of the central pillars of the Constitution, namely the doctrine of separation of powers. It would mean the Oireachtas was investing the Judiciary with a new right to invalidate the laws of the Oireachtas by reference to what was decided by the Court of Human Rights in Strasbourg. In effect, the Judiciary would become law makers, implementing decisions of that court contrary to the exclusive role of the Oireachtas under Article 15.2.1 of the Constitution.
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