Government itself, the whole executive machinery can be dismantled or re-arranged or deprived of functions by enactment of the legislature.The separation of powers, as has been said, is imperfect- even on the face of the Constitution- and if such a principle exists, it must be understood to be modified, and in its practice not similar with the rigid consistency with which in some other jurisdiction a “separation of powers” is maintained. The most conspicuous example of one arm of government exercising a supervisory control over another is present in the jurisdiction of the High and Supreme Courts to invalidate legislation on constitutional criteria; this function is not known in France, for example, the home of the “separation of powers” doctrine, as to permit the ordinary courts to strike down acts of the legislature would appear to be an violation on the field of the latter.The judicial power, though entrenched more carefully than the others, and in more detail, must administer a law, which, except for the parts derived from the Constitution, can be changed by legislature-even if such change is deliberately planned to nullify the effect of a particular judgement of a court.The organisations of court business, and the task of judges, are matters, which, as a matter of fact at this moment, the courts themselves control: but the legislature could transfer much of this to itself or to an executive authority if it wished. On the other hand, some courts exercise some traditional functions- e.g. in the licensing of premises for the sale of alcohol or for the amusement- which are more naturally classified as executive than judicial. Judicial Independence/Vis--vis the state: Judicial Independence from the state is established in article 35.3, which states: no judge shall be eligible to be a member of the Oireachtas or to hold any other office or position of emolment. When a superior judge is appointed he is effective...
