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 the separation of powers. It would mean that 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 judges would become law-makers implementing decisions of that court contrary to the exclusive role of the Oireachtas.