Legislation by Delegation - The Principles and Policies Test in Irish Law

Abstract

This article considers the "principles and policies" test in Irish Constitutional Law. This governs the extent to which secondary legislation can be promulgated by bodies other than the legislature. This is permissable in Irish Law if the principles and policies have been determined in the primary act and the secondary legislation merely gives effect to the policy of the primary measure. The article examines the meaning of the terms "principles" and "policies" and their application by the Irish Courts, including their applicability to measures deriving from European Directives. It argues that the leniant application of the test by the Irish Supreme Court has allowed much policy-making to take place away from the glare of parliamentary scrutiny, a trend which is undemocratic.

Keywords: Law, Irish Constitution, Article 15, Principles and Policies, Legislation, Secondary Legislation