Dr Tom Hickey (DCU), Judicial supremacy in Irish constitutional law 

Gwen, seeking a definition of the common good is fraught with difficulty. To me, the common good emerges over time, and understanding of it (or of what it requires) shifts over time. I like that you think of it in terms of the 'rulers' who 'make the laws'. (Though I am not fond of the phrase 'rules' in this context). What that gets at is that we should think of the common good in terms of the institutions through which it emerges. And the key institution in this constitutional state is the Oireachtas. In constitutional terms, the Oireachtas, the Government, the Courts. But there are several other relevant 'institutions' too. The tribunals, ombudspersons, press councils, citizen assemblies, trade unions, the media, civil society etc. In other words, through politics - very broadly conceived - what is in the common good develops and gets to shape the social order. Thanks Gwen for your questions.

@@tomhickey8679 thank you so much for your reply! My interpretation of it is that the power comes from the people who vote in rulers who then decide national policy for the common good. In essence , the power lies with the state not the people. In layman's terms if power lay with the people therefore we wouldnt need to designate rulers . Is that a fair analogy?

@@ggphe I don't know if I'd agree with this depiction of it, Gwen. To suggest the "power lies with the state not the people" seems to me to suggest the state in not democratic, or not a republic. I think it must be that the power lies with the people, and that the state serves the people. This is not to say we have a perfectly adequate democracy - we need to always try to find ways to enhance people power.

@@tomhickey8679 I cant thank you enough for your reply. At the moment it sure doesnt look like a democracy to me. And reading article 6 gives me the sense that all power lies with the state. The people just vote government in. It's all very ambiguous ! Having read the budapest papers and the Ryan v Ag case , it suggests to me that Ireland is totalitarian in nature . We have rights which can be restricted which suggests that in essence they're not absoloute rights . Anyway I apologise for rambling! Thank you so much for your time. I appreciate it greatly 😊

@@ggphe how could you say that Ireland us Totalitarian? This us a ludicrous statement. Are you saying that the Irish government would restrict people's movements, put people into lockdown, force people to wear slave masks, track ir attempt to people kgb style who enter the country ....and much more? Are ya? The sight if grown "men" celebrating last week for being allowed stay out after 8 pm....if Michael Collins were trying to assemble men in Ireland today to fight anything...he'd need small van ...