The Importance of the Constitution - Examination through the Constitution of the Irish Free State
Authors
Uchiyama, Wataru
Issue Date
2006
Degree
Bachelor of Law
Publisher
Dublin Business School
Rights holder
Rights
Items in Esource are protected by copyright. Previously published items are made available in accordance with the copyright policy of the publisher/copyright holder.
Abstract
A constitution is not the mere papers on which fundamental principles and rights are listed. It is a living document which ensures that people live in a democratic society by limiting the powers of men who are supposed to exercise their powers on the people's behalf. That is why the constitution is considered to be the basic and the most important law of the state. It has, in many countries, a higher legal status than any other law, and all the statutes are thus to be created in accordance with the constitution, so that the important principles and rights established under the constitution are not infringed by those statutes. However, a constitution of itself is not "strong". In other words, the concepts laid down in the constitution which keep the democracy alive can be ignored by those men in power if there is a substantial flaw in the document. An outstanding example is the Constitution of the Irish Free State, enacted in 1922. The main purpose of this dissertation is to indicate the importance and true nature of the constitution by examining the Free State Constitution.