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Revisiting Old Ground - TD, Sinnott and The Dangers of Clinging Too Tightly to Separation of Powers Orthodoxy

Ó Cinnéide, Colm; (2022) Revisiting Old Ground - TD, Sinnott and The Dangers of Clinging Too Tightly to Separation of Powers Orthodoxy. Irish Judicial Studies Journal , 2022 (3) pp. 1-9. Green open access

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Abstract

This article seeks to reassess the TD and Sinnott cases in Irish constitutional law. It explores the context of these cases, and why they are regarded as important and closely linked in Irish constitutional discourse. It then analyses their reasoning to consider whether they withstand scrutiny after two decades. It concludes that the judgments painted with too broad a brush, reaching some questionable conclusions, drawing overly categorical distinctions between branches of government, and creating conceptual confusion.

Type: Article
Title: Revisiting Old Ground - TD, Sinnott and The Dangers of Clinging Too Tightly to Separation of Powers Orthodoxy
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.ijsj.ie/editions/2022-edition-3/
Language: English
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10168144
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