Super-juniors and the Constitution

Governments seem determined to wilfully ignore the Constitution

Letter of the Day
Letter of the Day

Sir, – Again and again we’ve witnessed Irish governments disregard the provisions of Bunreacht na hÉireann.

From the equality of children ultimately upheld in the O’Meara case last year, to the expansion of the Seanad franchise mandated through referendum in 1979, governments seem determined to either wilfully ignore the Constitution only to be slapped down later in the Supreme Court – often at significant expense to taxpayers – or simply lack any real understanding of the Constitution.

I have no doubt whatsoever that a case taken against the government over its deployment of “super-junior” ministers would be successful (“‘Super-junior’ ministers are politically convenient but constitutionally dubious”, Opinion & Analysis, January 21st).

But rather than such a case being left to ordinary citizens, those inside the corridors of power should be stepping up now.

READ MORE

There are 174 TDs and soon there will be 60 senators too. Any one of those public representatives are well-placed to launch a legal challenge, with the safety net of salaries ranging from almost €80,000 right up to almost €114,000.

The majority of the most important constitutional cases taken down through Irish history to date have been by ordinary people, many with low incomes, who risked financial ruin in taking their legal challenges. Let that burden not fall on ordinary people again on this occasion.

But if members of the Oireachtas turn away from their duty here, to defend the Constitution of Ireland, it may well fall to an ordinary citizen, confident in the moral right of the case, with a deep commitment to public service and seeing Bunreacht na hÉireann protected from abuse by the Executive of the day. – Yours, etc,

TOMÁS HENEGHAN,

East Wall,

Dublin 3.