King's Inns Diploma Practice Questions - The Honorable Society Of King's Inns Diploma In Legal Studies Exam

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In the landmark separation of powers case Buckley v Attorney General [1950] (the Sinn Féin Funds case), why did the Supreme Court strike down the Sinn Féin Funds Act 1947?

The Act breached European Union law on property ownership. The Act infringed upon the exclusive judicial power to resolve disputes by directing the High Court to dismiss a pending case and distribute funds. The Act violated the constitutional right to freedom of association. The Oireachtas had failed to pass the legislation by the required two-thirds majority.

Correct Answer:

The Act infringed upon the exclusive judicial power to resolve disputes by directing the High Court to dismiss a pending case and distribute funds.

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