I think from seeing the text of the question, the kernel where was whether
or not the non-delegation doctrine applies where the power isn't to pass
statutory instruments, but only to make decisions - i.e. whether this was an
administrative discretion as in Casey.  From the text shown to me, it wasn't
the case that the Minister could pass regulations.  He could simply
"limit.etc" which would raise the Casey issue and the other cases where the
courts have examined whether Article 15.2 is engaged at all and whether
Cityview Press is even relevant.

 

Brian

 

  _____  

From: [email protected]
[mailto:[email protected]] On Behalf Of Rose Marie Zadorojny
Vilella
Sent: 23 March 2010 23:00
To: [email protected]
Subject: Re: Constitutional Law Exam

 

I focused on right to livelihood, proportionality (how the ban was
excessive).. but I did mention that the piece of legislation did set down
policies to be implemented, but that the Minister had misinterpreted his
powers.. maybe I was wrong! I was going to mention property (simply because
of whatever equipment he had, I thought it might be relevant that they were
telling us that they were worth so much money), but then left it at that!

Yeah, you're right re freedom of expression in that religion question!




On Tue, Mar 23, 2010 at 10:49 PM, TommyK <[email protected]> wrote:

What did people reckon the issues were regarding the donegal fisherman
question?? I started with how the delegation didnt conform to cityview
press,no principle or policies in the act to follow...then mentioned
proportionality of 7 year ban....but i got really confused with what
other rights were involved...was it property?or right to livelihood??

Also im presuming that it was expression that went along wit religion
in Q1?!


On Mar 23, 9:41 pm, j s <[email protected]> wrote:
> Yeah I started on Q.6 and think I bottled it. I mentioned that the act
> pre-presumed Patrick's guilt as in King v AG and that he had a right to be
> charged promptly. I also mentioned that the sentence may have been
> dispraportionate and tossed in some other stuff as well that I cannot
> remember. I awnsered a load of crap for Re health bill, really annoyed now
> as I know alot of father's rights to a child but overlooked re nicolau!
> D'oh!
>
>
>

> On Tue, Mar 23, 2010 at 9:23 PM, Anita Byrne <[email protected]>
wrote:
> > I'm very mixed about the paper... The first 4 questions I was happy with
> > but the whole way through the exam I thought that question 6 was locus
> > standi and the minister just . But then when i got to answer the
question I
> > got all confused. Does anyone know what question 6 was it's really
annoying
> > me if I answered it on the wrong thing.
>

> > On Tue, Mar 23, 2010 at 6:44 PM, Sarah Falvey
<[email protected]>wrote:

>
> >> Hi Everyone!
>
> >> How did you find the Constitutional law exam?
>
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