The High Court has heard that an intervention by the courts in relation to a Dáil decision on the Donegal South West by-election would 'represent a full frontal assault on the separation of powers'.
Sinn Féin Senator Pearse Doherty is trying to force the Government to call the by-election.
High Court President Nicholas Kearns will deliver his judgment on 5 November.
Maurice Collins SC for the State said even a declaration stating an unreasonable delay had occurred would be a 'violation'.
Mr Collins said the Government is answerable to the Dáil, not to the High Court.
He said the bid by Senator Doherty was effectively an attempt to 'substitute' the will of the Dáil for the will of the courts.
Mr Collins said the Dáil had considered calling the by-election on three occasions and decided not to.
Asked by the President of the High Court if he accepted there was an unreasonable delay in calling the by-election, Mr Collins said 'no' and that the proceedings could not be reduced to that simple question.
Counsel for Mr Doherty cited a number of cases where the courts had given judgement on Dáil issues in the past.
Richard Humphries SC said this particular case involved an administrative issue and did not interfere with any Constitutional or legislative function of the Dáil, and this 'very clear distinction' meant the separation of powers did not arise.
He added that Government Chief Whip John Curran's assertion that the by-election could not be held because there was a need to focus on the Budget and the economic crisis was not an effective excuse, especially considering that 12 months ago the Minister for Finance had stated that the worst was over and we had turned a corner.
The seat has been vacant since the election of Fianna Fáil's Pat 'the Cope' Gallagher to the European Parliament in June last year.
