secondary sources of law

• different secondary sources of law


  custom, canon, international, scholarly literature
• what is custom law?


  Legal force by virtue of habitual practice and general acquiescence • Must be certain, reasonable and continuous • Must exist in particular locality regarding particular matter 
• International law


  Governs legal relations between different states. International law includes custom, treaties and decisions of international courts
• Article 29.3

  of the Irish constitution provides Ireland accepts the generally recognised principles of international law as its rule of conduct in relation to other states.
• An act of the Oireachtas has to incorporate treaties signed into Irish law
• The state still has a responsibility to abide by its international obligations


  These can be enforced through international enforcement mechanisms
• Scholarly literature


  Textbooks and articles written by academics which analyse and critique primary sources of law
• Traditionally judges or lawyers didn't cite the works of living authors, out of fear living authors could change their mind
• Traditionally judges or lawyers didn't cite the works of living authors, because dead authors did not talk back
• Arguments from textbooks were gradually accepted before courts
• in 1980

  
  

  Articles from legal periodicals were given the stamp, in Hynes vs Independent newspapers it was noted that the admission of books but exclusion of articles would create the arbitrary situation where authors' views expressed in books accepted but not those expressed in a rebuttal legal periodical
• Academic work is now cited by judges in their judgements and rely on them to come to decisions
• The level of merit given to authors


  Depends on how respected they are in their field
• Solely an opinio
• Canon law


  Laws of the Christian Church
• Canon law does not enjoy force of law
• Some laws were originally shaped from canon law (e.g. marriage laws)
• Development of canon law

  1. Originally consisted of an unsystematic series of canons

  2. Codified by the late medieval period
• Canon law


  Exists separate from secular law of the state
• In some circumstances parties can choose which body of law governs their relationship and the courts will give effect to that choice
• Where parties to a contract specify that it is to be governed by french law, an irish court will apply that law in determining a dispute relating to that contract