‘Separation of powers excuse is not a valid one’
LEGAL experts have said the Government cannot hide behind the ‘separation of powers’ during the controversy about Supreme Court judge Séamus Woulfe.
Dr Laura Cahillane, a law lecturer from the University of Limerick, explained the concept of the separation of powers yesterday. In a video posted on social media, she said the principle was that governmental power was not held simply in one body, but was divided among the three branches of government.
Legislative power resides in the Oireachtas, which makes the law. Executive power is given to the Government, and it is their job to dictate policy. Judicial power is given to the courts, who interpret and apply the law. ‘It is not intended that these bodies are to operate completely separately and distinctly from each other. On the contrary, it is intended that they will act as checks and balances, and supervisory bodies on each other,’ she said. ‘The idea is that it is to prevent any one of the bodies from becoming too powerful.’ Dr Cahillane said that under the Constitution, j udges are appointed by the Government, and cannot be removed from office except for stated misbehaviour or incapacity, by resolution of the Oireachtas. The Government is answerable to the Dáil, which is entitled to ask questions of it. In the context of Judge Woulfe, she said this meant that the Oireachtas was the only body entitled to remove a judge. Dr David Kenny, assistant professor of law at Trinity College, said the separation of powers argument that has been voiced by the Government ‘doesn’t seem to me to be a valid one’. He added: ‘The Government has a function in appointing judges, and t he Government is accountable to the Oireachtas.’ He also said ‘it would seem to me appropriate that the minister [ Helen McEntee] would be willing to answer questions on that point’.