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FE-1 · Constitutional Law · Repeat Question
Has the non-delegation doctrine been relaxed?
“Do you agree?” is an instruction to take a position, and an answer that surveys the cases without answering loses heavily. Article 15.2.1°, the principles and policies test, and what NECI v Labour Court actually decided.
Independent LawShortcut model answer. Independently authored by LawShortcut for exam preparation. It reproduces no examination question. LawShortcut is independent of, and not affiliated with or endorsed by, any examining or professional body, including the Law Society of Ireland.
What this model answer covers
Sections in the full LawShortcut model answer:
- Reading the question
- Issue 1 — Article 15.2.1° and why delegation happens anyway
- Issue 2 — The classic test: principles and policies
- Issue 3 — The line of authority applying and refining the test
- Issue 4 — NECI v The Labour Court [2021] IESC 36
- Issue 5 — What the Supreme Court has said since
- Issue 6 — Assessment: relaxation, or the end of the doctrine?
- Issue 7 — Implications for how the Oireachtas drafts delegating provisions
- Overall advice
Full model answer
Read the complete LawShortcut model answer — reading the question, the law, application to the facts, where the marks live, the authorities relied on and the reusable structure.
Part of the FE-1 Repeat Question Model Answers. Every authority checked against primary sources; nothing cited that has not been verified.
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