there ya go! best of luck with it, im dreading it!
March 2009 QUESTION 1 The constitutional protection of the family under Articles 41 and 42 of the Constitution appears to place a higher emphasis on the rights of parents rather than the welfare of children." Discuss. . QUESTION 2 John is a 50-year old man who was convicted of the kidnapping of a prominent businessman when he was 20 years old. At the time, John said that the kidnapping was carried out as a political protest against the capitalist system. The kidnapping received a great deal of media attention at the time. John was sentenced to 15 years in prison. Upon his release from prison, he moved to a new area and began a new life. He also changed his name from John Murphy to John Smith. He is required to sign in with the Gardai in his new locality every six months. John has been married for 12 years and has a 5-year old daughter. Neither are aware of his past crimes. Since his release, he has never been in trouble with the Gardai, and has refrained from all forms of political activity. Crime Shows Ltd, a television production company, propose to make a documentary about the kidnapping. They intend the programme to include material about John's new life, including secretly-filmed footage of him with his new family in the street. Upon questioning the company about the programme, it becomes clear to John that the company found him after one of the local Gardai told a friend who worked for the company that "the guy who did that anti- capitalist kidnapping" lived locally. John has asked you for advice about the remedies, if any, which he might have under Irish constitutional law. Advise him. QUESTION 3 "The doctrine of unenumerated rights is a misguided constitutional theory which has been used by the Irish courts as a way of expanding their power over the actions of the other branches of government". Do you agree with this statement? QUESTION 4 Controversy arises over the Government's decision to build a nuclear power station. It is rumoured in some reports that the original recommendation of the Minister for Energy was that the station should be built in the constituency of the Taoiseach, but that it was subsequently decided to build the station elsewhere. A Dail committee proposes to investigate the sitting of the station. As part of their investigation, they would like access to a series of Government documents. In particular, they are eager to see copies of documents in which the Minister for Energy set out his opinion on the appropriate place for the station. Preliminary drafts of these documents were circulated to other members of the Cabinet. They were subsequently amended to reflect the views of these other Ministers. The amended versions were then used at the Cabinet meeting, at which the decision about the location of the plant was made. The Dail Committee wants access to both the amended and draft versions of these documents. You have been asked to advise them of the possibility of obtaining such access, by reference to the principles of Irish constitutional law. QUESTION 5 Section 4 of the Clean Streets Act 2009 provides that notices or posters may only be placed in designated "postering areas" of any town or city. Section 5 further provides that these "postering areas" should be no bigger than 100 S4 metres and that they should be at least 10km apart in any town or city.\ Section 6 (, gives the Minister the power to identify "postering areas" in a particular locality. Linda is a local election candidate in Galway. She is standing for election for the first time and wishes to erect a large number of posters. She believes that this is necessary for her to have any prospect of success because the local voters are more familiar with the incumbent candidates than with her. The Minister identifies remote sites on the outskirts of town as the relevant "postering areas" for Galway city. Linda is very unhappy with this as she believes it will adversely affect her ability to win a seat in the election. She asks you to advise her if there are any grounds under Irish constitutional law upon which she could challenge the Clean Streets Act 2009. Advise her. QUESTION 6 The Constitution's references to "social justice" and the "common good" have been interpreted by the courts in such an expansive manner that they have undermined the protection of property rights in Irish constitutional law". Do you agree with this statement? QUESTION 7 Stuart, aged 72, was headmaster of a small primary school between 1987 and 2002. Following his retirement in 2002, two former pupils who attended the school as children between 1988 and 1990 went separately to the Gardai in August of that year and made statements in which they alleged that Stuart had sexually abused them during their schooldays. Stuart was charged with a number of counts of sexual assault in 2007. (The Gardai delayed in charging him as the original file was lost at some stage in 2003 and this was not discovered until 2005). Stuart wants to know if there is any chance of preventing his trial from going ahead under the Constitution. Advise Stuart. QUESTION 8 The increasing recourse [of the Oireachtas] to delegated legislation has given rise to an understandable concern that parliamentary democracy is being stealthily subverted and crucial decision-making powers being handed over to the unelected servants of the Minister". Do you think that the Irish courts' treatment of the non-delegation doctrine adequately addresses this concern? On Sep 10, 7:35 pm, b05bf1e4 <[email protected]> wrote: > Anyone? > > On Sep 4, 8:07 pm, b05bf1e4 <[email protected]> wrote: > > > > > Hi all, > > > I misplaced the above paper and was wondering if anyone had a copy > > which they could email me? It would save me a few euros and a couple > > of days waiting for the Law society to send them out... > > > Thanks in advance, i'll owe you one!!! --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.ie/group/fe-1-study-group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
