1. Dear Drew, at the outset, the legislature, the Irish DAil can always legislate for a specific factual situation such as a wind turbine farm. So by legislative act, they may affirm a decision already made by a local Council to allow the building of a wind farm. However, this possibility would be as rare as snow in May. The Government do not see their job as granting permits to build wind farms. So this is a very remote possibility. If you go ahead and successfully judicially review the grant of permission for a wind farm, the government will NOT intervene. So don't consider this as being a great possibility. Secondly, the Irish President has power to refer bills to the Supreme Court to test their constitutionality in cases where there is doubtful issues surrounding the lawfulness of legislation being passed. Accordingly, if a bill was passed by the legislature (Dail & Seanad) permitting a wind farm to be built, without due allowance for the environment and compensation for the people affected, then the President could make a reference of the bill to the Supreme Court under Article 26 of the Constitution to determine whether the bill was constitutional. The court would then adjudicate upon whether what was passed was constitutional before the bill could ever be signed into law. If the bill was found unconstitutional, it would be struck down.
Ok i think I understand you. What I am really trying to find out however is, Are the govenment allowed to introduce a legislation which confirms the initial decision made by the planning board? is it constitutional?
3. The government are allowed to introduce legislation which confirms an initial decision by An Bord Pleanala. This may or may not be constitutional. It depends on the facts.
If the govenment confirmed the decision of the planning bord, would that not take the decision out of the hands of the supreme court?
5. The Article 26 reference procedure is separate and is a different thing totally. However any legal proceedings about the initial An Bord Pleanala decision would be stymied by the introduction of legislation. So there would be no means of judically reviewing the initial An Bord Pleanala decision. However, this would be as rare as Christmas taking place in January.
If they passed a legislation confirming the planning boards decision, i thought that meant it was out of the hands of the supreme court.
This is my case
6. You are getting confused here. Once the legislature confirmed the An Bord Pleanala, there could no longer be a legal case about the original An Bord Pleanala decision as it would be moot. The issue over the Constitutionality of the legislation is a separate issue. Please keep the two things separate and don't be getting confused about the two.
This is a question and answer site. If you want your homework done, please go to a more appropriate forum.
ok tks anyway
You are welcome
one more thing if your still there. does the presedent have to sign of on all legislation?