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Pardon my ignorance as I'm not Irish, and don't understand the significance of that passage, but what is the hole exactly?


The hole is the lack of access to the courts to to appeal decisions of the Government on maybe 90% of the business of the Governement. If you read the rest of the article it's actually pretty cool if old fashioned. If it was justicable it would be awesome.


I'm not irish, but the oireachtas should be the legislature, not the government, no?

If so, this is not uncommon in constitutions, the term in the italian legal system is "autodichia" (something like "self-justice").

If you didn't have this then the law would be decided by unelected officials.


No, the law would be "decided" by judges. But actually they just make sure it's consistent with the constitution, which is higher law.

If you don't want a part of the constitution to be enforced, why should it even be there?


No, this is good. If the people want something they can vote a government in to do it. Otherwise you get abominations like when the Taiwanese Supreme Court legalized gay marriage after a referendum rejected it. If you’re going to go that far you might as well just drop the democratic pretense from liberal democracy and just go with liberalism.


If making gay marriage illegal violates the Taiwanese constitution, the people had already decided they want it to be legal. If they don't want that, they can change the constitution.


1 The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life.

2 The State shall, in particular, direct its policy towards securing:–

i That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.

ii That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good.

iii That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.

iv That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.

v That there may be established on the land in economic security as many families as in the circumstances shall be practicable.

3 1° The State shall favour and, where necessary, supplement private initiative in industry and commerce.

2° The State shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation.

4 1° The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.

2° The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.




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