Question One
Article 34.1 of the Constitution provides that:
‘Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.’
The Courts (Establishment and Constitution) Act 1961, and the Courts (Supplemental Provisions) Act 1961, provided for the establishment of the current court structure.
You are required to discuss the differences in the jurisdiction of:
(a) the civil division of the Circuit Court and the District Court, and
(b) the criminal division of the Circuit Court and the District Court.
You should take into consideration how such cases are prepared for hearing in the courts. You should support your answer with reference to the relevant legislation.
Question Two
In an effort to improve the financial position of the Government, the Minister for Students has just initiated the DCU (Annihilation) Bill 2013 in the Dáil. If enacted, the Bill will ban all third-level DCU students from attending the University on weekdays. Although some TDs oppose the Bill, a majority are in favour of it. A large number of Senators are strongly opposed to the Bill. The President is watching developments closely, as she is very concerned that such legislation might infringe DCU students’ constitutional rights.
(a) Outline the procedure by which the Bill will pass through the Oireachtas. Your answer should include a consideration of the role of the Seanad.
AND
(b) If the Bill is presented to the President to be signed into law, what options are open to her?
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