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Is the Rule of Law respected in Ireland?


Con Gallagher

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May 25, 2010
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Is the Rule of Law respected in Ireland?

The Rule of Law was defined by Judge Anthony Kennedy, US Supreme Court as follows:
“The Law is superior to and thus binds, the Government and all its officials.
The Law must respect and preserve the dignity, equality and human rights of all people. To these ends, the Law must establish and safeguard the constitutional structures necessary to build a free society in which all citizens have a meaningful voice in shaping and enacting the rules that govern them.
The Law must devise and maintain systems to advise all persons of their rights and it must empower them to fulfil just expectations and seek redress of grievances without fear of penalty or retaliation.”

Breaches of the McKenna judgment (including not removing factual error by time of the appeal)
The State clearly disregarded laws - TV3

The X case Supreme Court decision being ignored for 20 years
A, B and C v Ireland - Wikipedia, the free encyclopedia

Penalty points being wiped clean without a Court order on appeal.
Minister - 197 cases of penalty points allegations - RTÉ News

The Dept of Health breaching equality legislation for 12 years (4 years after they were informed)
Disability age limit illegal - O'Reilly - The Irish Times - Thu, Oct 25, 2012

Elaine Byrne: For our ruling 'law and order' party, rules are optional - Analysis, Opinion - Independent.ie

The failure to act on a finding of incompatibility with ECHR on recognition of transgender rights
Dr Lydia Foy's Case : Recognition : TENI

Use of Shannon for rendition flights
Government ignored the rule of law and misled the Irish public | Amnesty International

The (failed) Oireachtas Committes referendum
Government ignored the rule of law and misled the Irish public | Amnesty International

Almost 124,000 garda warrants still to be acted on - National News - Independent.ie

Any other examples?
 
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McTell

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Twitter
No
All right children, "The rule of law is respected by those who earn their living from it" - Discuss
 

Howya

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How many households have not paid the household charge? Granted there are many valid reasons why it is an objectionable charge but the charge is being flouted. We have government, quangoes, companies and individuals all flouting the law - the cute hoor mentality is alive and well.
 

carlovian

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How many households have not paid the household charge? Granted there are many valid reasons why it is an objectionable charge but the charge is being flouted. We have government, quangoes, companies and individuals all flouting the law - the cute hoor mentality is alive and well.
Its illegal to sell or rent a property without a BER certificate.

Show me 1 advert on daft.ie with a ber !!!
 

Dunlin3

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Its illegal to sell or rent a property without a BER certificate.

Show me 1 advert on daft.ie with a ber !!!
You probably don't have to advertise it. I would suggest that it should be included in all advertisements along with the band of property tax for house sales!
 

statsman

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How many households have not paid the household charge? Granted there are many valid reasons why it is an objectionable charge but the charge is being flouted. We have government, quangoes, companies and individuals all flouting the law - the cute hoor mentality is alive and well.
How many TDs have not paid it?
 

True Republican

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as kevin myers once said irish people are "intrinsically corrupt", there is very little respect for the rule of law in ireland from the top to the bottom down.
 

Rocky

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How much under age drinking is there? Underage smoking? Drug use? People without a tv licence? And there's loads of other examples of laws that are ignored or dam near it. It's the same in pretty much every country in the world. I don't know if we're much worse than others.
 

fuque

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The funniest title i seen on here! :)
 

kerdasi amaq

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What all these worshippers of "the rule of law" don't understand is that the people who pass these laws are inveterate enemies of the Irish People. You can't sit on the government side of Leinster House otherwise.
 

Analyzer

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Well, if you have people in Pravda high on Cocaine telling people that they need to obey the law on the TV licence, it would appear that there is massive hypocrisy on the subject.
 

kerdasi amaq

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How many households have not paid the household charge? Granted there are many valid reasons why it is an objectionable charge but the charge is being flouted. We have government, quangoes, companies and individuals all flouting the law - the cute hoor mentality is alive and well.
You can also look on it as a negative referendum. The people who are refusing to pay the Household Charge are effectively vetoing the decision of the "good Europeans" to introduce it.
 

Dunlin3

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It starts with the little things. I was at a social even recently where the person explained to me that their 17 year old child was going to pick them up and drive them home. The child doesn't have a full licence and I explained that it was illegal to drive unaccompanied. That person didn't care that their child would be driving illegally and had the typical Irish mentality of it would be grand. Good to see that the government are bringing in penalty points for this eventually. Hopefully it will be enforced.
 

Mitsui2

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Traditionally the rule of law has never been actually respected as such here. The way it traditionally worked was always that the higher you climbed, the more you could openly ignore it.

Meanwhile those lower down the greasy pole, who were not in a position to ignore it, complained. One always took it for granted that the majority of them were not complaining so much about law being ignored (though the complaints were almost invariably couched in these terms) as about the fact that the laws were being ignored in ways they themselves did not benefit from - you rarely got the sense that any real importance was being given to the law itself.

Over a decade or so from the mid-90s on I seemed to see some change in this: it seemed to me that, if anything, there was an increasing respect for the rule of law in Ireland among the young (by which I mean, say, under 30s). I may just have been ráiméising, but it seemed to me that increasingly Irish people (and in particular the younger generation of Irish people) were showing signs of copping how the whole thing was supposed to work, and as a result took it all more seriously than their elders.

This of course was coming from the bottom up: it was always going to be a long time (if ever) before those at the top in Ireland came to regard law as anything but either a nuisance or a useful smokescreen.

Why should they? There's nothing in it for them.

The negative side of this combination, of course, is that very many of those young folk are now suffering the worst effects of the crash (through finding themselves living in shoddy, virtually uninhabitable houses, for instance, in negative equity and with crucifying mortgages, while those who built the houses struggle by on generous allowances from NAMA), having been led into their current positions at least in part through a belief that the Irish State shared their positive view of the rule of law, if only in the sense that what you knew mattered more than who you knew. In the long run the chances are that this will set things back even further than they were before.
 
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meriwether

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It starts with the little things. I was at a social even recently where the person explained to me that their 17 year old child was going to pick them up and drive them home. The child doesn't have a full licence and I explained that it was illegal to drive unaccompanied. That person didn't care that their child would be driving illegally and had the typical Irish mentality of it would be grand. Good to see that the government are bringing in penalty points for this eventually. Hopefully it will be enforced.
Did the eyes of the person you were talking to glaze over at this point, before he/she made some excuse, and walked to the other side of the room?
 

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