Irish Legal System

• Law

  A set of regulations that govern the behaviour of people in a community, society or nation
• When laws are broken

  Disputes arise and those who break the law suffer consequences
• Sources of Irish law

  • Statutory (written) law
  • Non-statutory (unwritten) law
• Statutory law

  • Legislation
  • Subordinate Legislation
  • Constitution
  • EU Law
• Non-statutory law

  • Common Law
  • Custom
  • Equity
• Legislation

  Written source of law. An act or a statute that lays down laws in certain areas
• Who makes legislation

  • Oireachtas
  • Dail
  • Seanad
  • President
• How legislation is made

  1. Bill drafted and debated in Dáil

  2. Passed by Dáil

  3. Sent to Seanad for debate

  4. Seanad may pass, reject or amend

  5. If passed, sent to President for consideration

  6. President signs and it becomes an Act
• The Dail can bypass the Seanad in emergency legislation and situations, which can make the Seanad 'powerless' but speeds up the process
• Rules of interpretation

  • Literal Rule
  • Golden Rule
  • Mischief Rule
• Subordinate Legislation

  The Oireachtas allows other parties like ministers and local authorities to make laws
• Main elements of the Constitution

  • Formation of the State
  • System of Government and courts
  • Rights of citizens
  • Constitution superior to all other laws
  • Can only be changed with a referendum
• Custom

  Unwritten law established by long use
• Equity

  Refers to natural justice or the concept of fairness
• Common Law

  Judge made law in the courts
• Doctrine of Precedent

  A judge's ruling in one case will usually be followed in later similar cases
• Elements of the Doctrine of Precedent

  • ratio decidendi
  • obiter dictum
  • persuasive precedent
  • binding precedent
• Advantages of the Doctrine of Precedent

  • Consistency in cases
  • Uniformity in the system
  • Fairness
  • Time saving
  • Greater certainty
  • Impartiality
  • Law can change and develop more easily
  • Avoids mistakes
• Disadvantages of the Doctrine of Precedent

  • Difficult to distinguish cases at times
  • May lead to an injustice in similar but different case
  • Limits judges at times
  • Can have too many precedents
  • Limits development at times
  • EU ruling has impact on Irish Law that may not suit our culture
• EU Law

  Superior to Irish law, and if Ireland does not comply it might be fined
• Sources of EU Law

  • Treaty
  • EU legislation
• Types of EU Legislation

  • Regulation
  • Directive
  • Decision
  • Recommendation
• Regulation

  Every state must implement exactly as written
• Directive

  Every state must implement but in any way they choose
• Decision

  Directed at one state or organisation and they must implement exactly as written
• Recommendation

  Can decide to implement or not