Can we override the Supreme Court in a referendum?

[Shepherd]

I know, I know, it sounds daft, but hear me out. Could we insert a new article into the constitution which would allow the Oireachtas to overrule the SC?

If not, why not?

[EvotingMachine0197]

Wouldn't that be a very strange scenario ? The Oireachtas constructs the statute books / constitution. The SC is then ultimately responsible for the interpretation and execution of the statutes/constitution. So if the Oireactas could then override the SC, wouldnt that be like changing the statutes on the fly?

[Pidge]

Is this a thread for the point of debate, or do you really need it explained why placing judicial power in the hands of politicians is a bad idea? And how it would effectively mean that the constitution is meaningless?

[farnaby]

Are you debating the constitutionality/legality of the proposal or also whether it would be a good idea? If the latter then no. The irony of democracy is that it needs strong undemocratic almost-elitist institutions to protect it e.g. the Supreme Court.

[Shepherd]

I'm not sure I'd trust Irish politicans with it, but would it not be almost pure democracy? The people's elected representatives saying " When we passed that law, we meant this, not that."

[Pidge]

I'm not sure I'd trust Irish politicans with it, but would it not be almost pure democracy? The people's elected representatives saying " When we passed that law, we meant this, not that."

No, I'd say that it'd be a great threat to democracy.

Think about it. The government of the day passes a law saying that they can, for example, lock up anyone who runs against them in elections.

The Supreme Court rules this to be unconstitutional. The government (in control of the Oireachteas) just overrides this, rendering the Constitution (and its democratic safeguards and balances of power) impotent.

And this is just scratching the surface of how silly this idea is...

(That is, if you're genuinely proposing it.)

[Shepherd]

I'm not actually proposing it, because, in the form you are thinking of, FF would scrap PR immediately. But supposing it required, say, 3/4 of TDs to support the overide?

[Rocky]

I know, I know, it sounds daft, but hear me out. Could we insert a new article into the constitution which would allow the Oireachtas to overrule the SC?

If not, why not?

So basically you want to end the system of separation of power. It would mean that Bertie and all his FF/PD TD's could pass a law ending all elections in Ireland tomorrow and proclaiming the leader of FF to be the leader of Ireland forever and that would be that because their would be no one to stop it. Or some other law that’s also very stupid and wrong. We have a constitution and the separation of executive, parliament and judiciary for a reason and we should not change that. The Judiciary job is to protect the people by protecting the constitution passed by them from the actions of a government. Yes cock ups can happen, but it’s worth it and they should be prevented as much as possible.

[Sidewinder]

A lot of people don't seem to have any idea what the purpose of a Constitution is; how the whole idea of the Constitutional Republic as a model of Government was specifically constructed at the end of the 18th century to try to avoid the pitfalls of the British "Parliament is Supreme" system; or anything about little matters like the doctrine of Seperation of Powers, checks and balances, and limitations on the power of government and why they are a good idea.

[campbeca]

Pidge is right. In fact in France they are the polar opposite to what you are saying- the constitutional council reviews half of all laws and doesnt accept one third of these.

Our judiciary is one of the most immasculated in the world, any further would be a threat to democracy