President Mary McAleese is considering calling a meeting of the Council of State to seek advice about whether she should refer the new Criminal Justice Act to the Supreme Court to test its constitutionality.
A decision by the President, who is currently on an official visit to the United States, to call the Council of State could be taken within days, sources close to the Government indicated last week.
The legislation from the Minister for Justice, Equality and Law Reform, Michael McDowell, was one of the final pieces of legislation passed by the 29th Dáil before Taoiseach Bertie Ahern called the election.
Strongly criticised by some lawyers, it allows for seven-day detentions of suspects, tougher bail laws and gives powers to judges to take inferences from a suspect's refusal to answer questions.
The Irish Human Rights Commission warned strongly before its passage that it presented "a danger of injustice", threatened the separation of powers between the Government and the judiciary and that it had been rushed through the Dáil.
The Council of States includes all former presidents, taoisigh and chief justices, along with seven of the President's personal choices.
