Authority and Powers
The Constitution explicitly vests executive authority in the Government, not the President. In most other parliamentary regimes, the head of state is at least the nominal chief executive, though bound by convention to act on the advice of the cabinet.
The executive authority of the Government is subject to certain limitations. In particular:
- The state may not declare war, or participate in a war, without the consent of Dáil Éireann. In the case of "actual invasion", however, "the Government may take whatever steps they may consider necessary for the protection of the State"
- Treaties must be laid before Dáil Éireann.
- The Government must act in accordance with the Constitution.
Government ministers are collectively responsible for the actions of the government. Each minister is responsible for the actions of his or her department. Departments of State do not have legal personalities. Actions of departments are carried out under the title of ministers even, as is commonly the case, when the minister has little knowledge of the details of these actions. This contradicts the rule in common law that a person given a statutory power cannot delegate that power. This leads to a phrase in correspondence by government departments, "the Minister has directed me to write", on letters or documents that the minister in question may never have seen.
When one of the Government's ministerial positions ceases to exist (as distinct from being renamed, which occurs more frequently), its powers are transferred to those of other ministers. "Defunct" ministers include the Ministers for Communications, Labour, Posts and Telegraphs, Public Service and Supplies. The office of Minister without portfolio has not been held since 1977.
If the Government should fail to fulfill its constitutional duties, it may be ordered to do so by a court of law, by writ of mandamus. Ministers who fail to comply may, ultimately, be found to be in contempt of court, and even imprisoned.
Read more about this topic: Irish Government
Famous quotes containing the words authority and, authority and/or powers:
“Authority and power are two different things: power is the force by means of which you can oblige others to obey you. Authority is the right to direct and command, to be listened to or obeyed by others. Authority requests power. Power without authority is tyranny.”
—Jacques Maritain (1882–1973)
“Society in general do not like originality, especially in woman, as it looks like defying man’s authority for a woman to prefer her own methods to accepting those laid down for the majority.”
—Caroline Nichols Churchill (1833–?)
“However much we may differ in the choice of the measures which should guide the administration of the government, there can be but little doubt in the minds of those who are really friendly to the republican features of our system that one of its most important securities consists in the separation of the legislative and executive powers at the same time that each is acknowledged to be supreme, in the will of the people constitutionally expressed.”
—Andrew Jackson (1767–1845)