Thanks1 All the best,
Joe On Sep 10, 10:27 pm, Galway10 <[email protected]> wrote: > 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 -~----------~----~----~----~------~----~------~--~---
