Reference of Bills to the Supreme Court
Article 26
This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.
What makes you think that 'most posters' would agree with you? Have you asked 'most posters'?On Newstalk yesterday Eddie Hobbs made the suggestion of asking the President to refer the Finance Bill (Pensions Levy) to the Supreme Court to test its constitutionality.
I think most posters on this forum would agree that this levy is stepping over the line in the way it is being implimented (on capital not growth).
Other posters have pointed out the constitutional issues involved. Regardless, I wouldn't hold your breath waiting for President McAleese to come out against any Govt on something like this.At this time the President is our only hope of stopping this as the Government seems hell bent on proceeding with this legislation.
I wouldn't hold your breath waiting for President McAleese to come out against any Govt
The problem here is she can't refer this bill as it is a money bill.If she thinks it breaches the constitution, she would have to refer it.
Sure, plain as day that the line the Irish Government is crossing in 2011 is nothing like very many lines the Nazi’s would cross - but it’s not too unlike their first radical departures.
She wouldn't be coming out for or against the government.
Whether she agrees or not with the proposal,her job is to protect the constitution. If she thinks it breaches the constitution, she would have to refer it.
I for one have sent this letter on to the President and agree that all people who have pension funds that would be affected should also consider this. I am infuriated that my hard earned savings can be targeted this way. If the Public sector were being penalized to the same extent and if it was equal across the board to all people, ministers included, I would have less of an issue with this proposal. Again the private sector is being used to bail out the public sector finances. I am so incensed with this proposal with only the private sector (in general) being penalized in this manner.
It will take a private citizen to bring an action to test it's constitutionality.This is a very dangerous precedent that is being put forward.
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