oily 1 NUI MAYNOOTH Dltecot aa NEireann MG Mond OLLSCOIL NA hEIREANN MA NUAD THE NATIONAL UNIVERSITY OF IRELAND MAYNOOTH SEMESTER 1 2010-2011 LW102A Constitutional Law | Dr. Sibo Banda Time allowed: 1% hours (Candidates should answer any three questions) All questions carry equal marks ‘A Candidate may bring an unmarked copy of the Constitution into the examination room Page | of 3Question 1 Critically evaluate the following sources of Constitutional rules. (a) Superior Court Decisions (b) Constitutional Conventions (25 Marks) Question 2 Using very clear examples explain and evaluate the three meanings that A.V. Dicey attributed to the rule of law. (25 Marks) Question 3 Mr H.D. Celery was 15 years ago a member of Government responsible for the Department of Transport. During the 5 years when he was a member of Government it was an open secret among the members of Government that he kept cabinet documents and diaries of Cabinet meetings. Mr Celery had always intended to publish a book which chronicled his tenure as a Cabinet minister. Mr Celery has now abandoned his intention to publish his book. Meanwhile, the Irish chapter of Openness International (a not for profit organization that fights corruption in public life) wishes to have access to Mr Celery's cabinet papers and diaries. Openness International is convinced that the papers and diaries contain information which will assist it to substantiate its allegation that 16 years ago a prominent member of the current Government, Professor Carrot, had been involved in a scheme to corruptly award a broadcasting licence. Please advise Openness International whether, and how, they can successfully gain access to Mr Celery's cabinet papers and diaries. (25 Marks) Question 4 With the aid of relevant case law explain the rules for the removal of judges from judicial office, (25 Marks) Page 2 of 3Question 5 “The Constitution creates three equal powers none of which is generally dominant.” Using case law please clearly evaluate this statement. (25 Marks) Question 6 Please use case law of the Superior Courts of Ireland to illustrate the distinction between originalist and non-originalist constitutional interpretation. (25 Marks) Page 3 of 3