Irish Government - Authority and Powers

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.