ugh Walsh J said in Murphy v Dublin Corporation that the division of powers “does not give paramount in all circumstances to any one of the organs exercising the powers of government over the other”; and the Supreme Court recognized in Abbey Films Ltd. V Attorney General that “the framers of the Constitution did not adopt a rigid separation between legislative, executive and judicial powers”.Johnston J also agreed that the separation of power in Ireland was “imperfect” and even went a step further by stating that in “no system of which I have any knowledge has it been found to be possible to confine the legislative, the executive and the judicial power each in what I may call its own water-tight compartment; and, if such a thing were to be attempted, the result, I fear, would be so much the worse for the compartment.”The courts have searched to identify the limits of judicial power with a view to avoid judicial breach on the legislative functions of the government. Very predictably, the legislate process itself has been recognized as being beyond the capacity of judicial review, other than in accordance with article 26- Wireless Dealers’ Association v fair Trade Commission. The bench cannot interfere in the process of alter the Constitution. The courts, however, have discovered that some of the legislation is open to interpretation and thus rules were put in place so as to stop the courts from adding or deleting from express statutory provisions so as to achieve objectives which appear pleasing to the courts or which are notably different from those formerly intended by the legislature. The Aristotelian distinction between commutative and Distributive justice, at least mark out the dividing line between the judicial and legislative spheres of operation, i.e. between the relationships which arise in dealings between individuals and the relationship which arises between the individual ...
