Irish Constitutional Law - Coursework Example

IRISH CONSTITUTION

Methods of interpretation employed by Irish constitution

There are five different approaches that have been used in the interpretation of Irish law. These approaches that have been used include the doctrine of harmonious clarification, literal interpretation. The historical approach, the broad approach and the natural law approach. The approaches were formulated by Professor Kelly where he acknowledged that any of them can overlap and that there is none considered to be superior over the other in the judiciary.

The broad approach

The main argument used in this approach is that it favors a process of understanding that considered the real text but through a way that best advances the purposes that the people have as personified and that the spirit of the constitution is to protect human rights. The constitutional approach has been mainly used to prevent a tight application of the traditional common law interpretive methods which sometimes are considered inappropriate in the case of the constitution. There are several cases in which this approach has been used. An example of the case is NUR v. Sullivan in which there was a challenge which was given to the constitutionality of an act which made only a union to represent workers in all the sectors that they worked.

The literal approach

The approach mainly uses a plain language reading taken from the constitution. The approach has been considered to be more appropriate for many technical provisions that are in the constitution. The approach have been considered desirable as compared to the others since it influences against an increased degree of judicial interpretation but can also be important since it obliges the court to fall back on the standards of the common law principles. The common law principles in this case may be important in the context of the fundamental law of the Irish state. It has also been decided that the framers of the approach were developed without an intention that the constitution be interpreted this as the language that would be used in this case would be strict interpretative. Example of the cases that the approach has been used in interpretation includes The people v. O’shea.

The doctrine of Harmonious interpretation

This is another approach that has been used in the interpretation of the constitution. In this approach, the main idea is that the constitutional approach should be interpreted in separation but in the context of the entire paragraph, the constitutional itself and the articles. The approach according to Kelly is that it is partially based on the belief that the drafters did not have the inside intention to discord the constitution. The approach was first used in 1980s although there is the possibility that it should have been the first cannon constitutional interpretation. The approach was used in NUR v. Sullivan where there was argument that the formation if unions favored a larger reading in which an article was in question.

The historical approach

Kelly in the formation of the constitution noted that one main important element is the legal and extra-legal, state of affairs and the time that they are enacted. The approach has been evident in cases such as Melling v. O Mathghamhna that the states of affairs that had been formulated in 1937 were relevant in the interpretation of the constitution. It can be noted that the relevant attributes that were observed by the judiciary in the states of affairs in 1937 still considers the cannons of statutory interpretations. These cannon of interpretation are mainly held in the secondary importance part by the courts. The cannon however is submitted to be less important but more accurate.

The natural law approach

The principles considered the willingness of the other people to interpret the constitution through making reference to extra-constitutional principles. The natural law hence has influenced the interpretation of the constitution in several ways. An example of the influence is observed in the judgment that was given to Walsh J which was in the case of McGee v Attorney General. This approach has been mainly used in the development of the doctrine of unremunerated rights. The use of this approach have reduced since there is perception of the natural law as being nebulous and also has failed to provide the right guidelines to interpretation.

Strengths and weaknesses of different methods of interpretations

Natural law approach

The use of natural law approach has been considered to have strengths and weaknesses as compared to the other approaches. The rational of the approach have been considered to be strength as the approach uses practical reason and this makes it be a common sense law. The other approaches have based arguments on theories but not on practical reason. The approach also does not require the belief in God for interpretation. There are no beliefs associated to the approach as the interpretation is through the observations that are made to nature. The objective of the natural approach is as strength as it gives rules to the interpretation that are true independently and do not depend on desires and thoughts. It is also purposeful that the world has meaning and that the constitution in interpreted with the consideration that there is purpose and values.

The approach has also allowed for secondary perceptions as it has included the variations that are in the culture in the interpretation of the constitution as they have mainly been as a result of universal primary precepts. The interpretation has had focus on human virtues and also on the excellence and also on the theological virtues of charity, faith and hope.

The weaknesses of the approach are together with the consideration that the constitution is too simplistic. The constitution should be interpreted with consideration of beliefs and not with fixed human nature. When the approach has been considered, it has in several situations resulted into immoral outcomes as it has mainly looked at nature without considering other areas. The approach has had an optimistic view of human nature and has also been considered less reliable.

Historical approach

The historical approach in the interpretation of the Irish constitution has been considered to be effective as it has involved interpretation in regard to the life experiences that the people have undergone. The other strength of using the approach is that it is held to secondary importance by the courts. The approach is hence important in the decisions that are made by the courts. The historical approach in the interpretation of the law always conveys the emotions that are in the constitutions.

The approach has also shown several weaknesses together with the catch-all category by the judiciary. This implies that the decisions are made to the intention of the framers to the state law that existed in 1937 and to the public opinion of 1937. In this way, the judiciary is observed to adopt whichever facet of the historical interpretations so that they become able to reach their desired results.

The broad approach

A strength of a broad approach as mentioned earlier in the text is that it favors a process of understanding that considered the definite text but through a way that best increases the meanings that the people have as personified and that the spirit of the constitution is to protect human rights. In the protection of human rights, the interpretation approach has also been considered effective as it prevent a rigid application of the traditional common law which has been inappropriate in cases of the constitution.

A weakness of the approach is that it is mutually exclusive and these in most cases have been misunderstood from the way the judiciary has dealt with some topics. The interpretation that is achieved through the method has been found to overlap in most of the cases. When there is an overlap in the case, the interpretation becomes different as compared to when there is no overlap.

The doctrine of Harmonious interpretation

Strength of this approach is that it is based and it stresses on the directive principles of the state. In the interpretation, there is consideration of the state laws and principles as compared to the other approaches. In the approach, there is finding of the truth through giving the enactment the original ordinary and natural meaning and not based on assumptions. A weakness of the approach is that is partly based on the belief that the drafters did not have the inner intention to discord the constitution.

The literal approach

As earlier mentioned in the text this approach has been considered to be more appropriate and has also been applied for many technical essentials that are in the constitution. The approach have been determined to be desirable as compared to the others since it influences against an increased degree of judicial interpretation but can also be important since it obliges the court to fall back on the standards of the common law principles.

A weakness of this approach is that there is the assumption that a word will in any case have a plain meaning. Through this, there is a difficulty in drafting any provision which is not vague in that sense.

Deployment of different methods in given cases

Literal approach

The people v O’shea

The defendant were imprisoned in Wayne county circuit court on a charge of larceny by convection and they raised the following issues namely; if the trial court properly trained the jury on the issues concerning the larceny by convection, if the trial court prosecutor’s office appropriately performed its discretion in charging the defendant with crime and finally if the trial court made a mistake as matter of law in refusing to put down defendant ‘s bind over and denying his motion for directed judgment . With the respect to the defendant issues the court gave out the following instruction as per their augment;

If the property was given to defendant for a specific purpose i.e. deposit then it should not be used for other purposes other than the one it was intended for; and if any taking out of this property occurs it is considered as being without the permission of the owner. So the trial court instructed the jury on the issues of the larceny by convection given the fact of this case and according to their opinion there was adequate evidence to pin down the directed verdict motion and for the case to go to jury. Therefore, there was no error in the court instruction.

The broad approach

The approach has been applied in NUR v Sullivan. In the case, there was a challenge in which the union workers were to be presented in each industry. In the case, the approach was used by Gavan Duffy J where he considered that the text that was present in the constitution did not mark the great outlines. The judge in the case was also worried about using the other language when the interpretation of the constitution, the judge argued that there was need of an actual language which is simple and clear.

The doctrine of harmonious interpretation

A case in which the interpretation approach was used is MsGee v Attorney General where there was notation that there were sub sections of the constitution that were in the light of the constitution as a whole. Henchy J in the case was a strong proponent of the reading of the constitution when he was in the supreme bench. At the time, the judge has one doctrine which there was requirement of relevant constitutional provisions so that it gains weight in the situations of a case.

The historical approach

A case in which historical approach interpretation of the law can be observed is in Melling v O Mathghamhna. In the case, it was determined that the interpretations were relevant to the constitutional interpretations that were done in 1937. It was determined in the case that the historical interpretation which was done in 1937 was relevant to the court in determining the case.

The natural law approach

The natural law approach was also applied in McGee v Attorney General. In the case, the judge concluded that the constitution acknowledges God as the main source of authority. The human rights that were applicable in the case also were part of the natural law as it is through God that the authority existed. The case also considered that God is the governor of all the laws that are applicable to man. The case also made reference to God that exists in the Article 6 of the constitution.

Overall importance of constitutional interpretation

Constitutional interpretation is important as it is the process through which legal decisions are made. It is through the constitution construction that the principles of the construction are derived. Despite the fact that any person is free to read the constitution and interpret it according to them, the Supreme Court have the role of interpretation of the constitution and that the common Irish law ensure that the right decisions are made. It is through the construction that the Supreme Court is able to get the right answers for constitutional cases. The interpretations have shown that the marked revolution of the constitution is due to the good deals of purposive interpretation.

In the judgment of cases, the judges always consider that a straight textual reading should be employed in the right place, through constitutional interpretation; the judges come up with the right decision and a stand in the cases that they handle. The judges also through constitution interpretation are able to correct the mistakes that were made in the realty cases that had been decided through the use of different approaches. It is also through constitutional interpretation that the judges have used more than one approach in a judgment. The many approaches have a.so been used to come up with the right judgment for a case. It is also from the construction that there is a favorable interpretive technique.

It is through constitution interpretation that politics is shaped. When there is politics ion Ireland, there are references made to the constitution. When the references are not in line with the constitution, the right adjustments are made to ensure that the right political decisions are also made. There has been argument that politics also shape the constitution as much as it shapes politics. Once there is settlement of cases, the constitution construction is used to the settlements in the future. Those who read the constitution are also made aware of the importance of getting the right interpretation despite them having their own understanding.