Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

Section 5 is the third key provision in the Bill. It deals with the making of declarations of incompatibility by the superior courts and the consequences of such a decision. Due to the fact that the particular statutory provision which may be found incompatible with the convention may also be entirely valid under the Constitution, difficult jurisprudential issues arise. Under our Constitution, this House, the Dáil and the President form the Oireachtas, in which the sole and exclusive right to make laws for the State is vested. It is not a paper-based monopoly, but the outward expression of sovereignty on which Irish republicanism is based, that is, the right of the people, through the Legislature and subject to the Constitution, to determine their laws.

Comments

No comments

Log in or join to post a public comment.