Lynch -v- Minister for Justice Equality and Law Reform & Whelan -v- same

Lynch -v- Minister for Justice Equality and Law Reform & Whelan -v- same: It is inconceivable to my mind that a Constitution which is broadly based on the doctrine of the separation of powers — and in this the Constitution of Saorstát Éireann and the Constitution of Ireland are at one — could have intended to place in the hands of the executive the power to select the punishment to be undergone by citizens. It would not be too strong to characterise such a system of government as one of arbitrary power. …… In my opinion the selection of punishment is an integral part of the administration of justice and, as such, cannot be committed to the hands of the executive as Parliament purported to do in s. 186 of the Customs Consolidation Act, 1876.”?