Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
The force of law model then admits the possibility that any court, including the District Court, could decide that highly important legislation relating to serious crime or subversion, matters of fundamental importance to the security of the State or the safety or well-being of its citizens was to be repealed on the basis of a Strasbourg ruling in a similar case or because of that court's interpretation of a provision of the convention. This would introduce a huge element of uncertainty into our law and the view of the Government is that the doctrine of separation of powers is a cornerstone of the Constitution. Giving the convention the force of law would interfere with the delicate balances inherent in that doctrine and would be to our detriment.
No comments