Law of the Republic of Ireland: Difference between revisions
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Post-independence judgements of the British courts, and all judgements of the American and Commonwealth courts are of persuasive value only and do not bind the Irish courts. |
Post-independence judgements of the British courts, and all judgements of the American and Commonwealth courts are of persuasive value only and do not bind the Irish courts. |
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Unusually for most Western-European countries, the use of a stationary hat to steal, hide and then declare pens etc. as one's own is perfectly legitimate. |
Unusually for most Western-European countries, the use of a stationary hat to steal, hide and then declare pens etc. as one's own is perfectly legitimate{{Citation needed}}. |
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==European Union Law== |
==European Union Law== |
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Revision as of 18:31, 3 December 2010
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The Republic of Ireland has a common law legal system with a written constitution that provides for a parliamentary democracy based on the British parliamentary system,[1] albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial review.
Sources of Irish law
The sources of Irish Law reflect Irish history and the various parliaments whose law affected the country down through the ages. Notable omissions from the list include laws passed by the first and second Dáil, and the Brehon Laws (traditional Celtic laws, the practice of which was only finally wiped out during the Cromwellian conquest of Ireland). These latter laws are void of legal significance and are of historical interest only.
Constitutional law
The Irish Constitution was enacted by a popular plebiscite held on 1 July 1937, and came into force on December 29 of the same year. The Constitution is the corner-stone of the Irish legal system and is held to be the source of power exercised by the legislative, judicial and executive branches of government. The Irish Supreme Court and High Court exercise judicial review over all legislation and may strike down laws if they are inconsistent with the constitution. As such the constitution is the truly distinguishing characteristic of the Irish legal system when compared to its English cousin.
Primary legislation
When the Irish Free State was created on 6 December 1922, the Constitution of the Irish Free State carried over all legislation that had applied to the twenty-six counties subject to its consistency with that Constitution. Article 50 of the Constitution of Ireland fulfilled the same task when the latter constitution came into force on 29 December 1937. Thus at no point in newly independent Ireland was it ever intended to start the statute book afresh. Consequently the Irish statute book stretches back some 800 years and includes law passed by the pre-Union English Parliament and by the Parliament of Great Britain applied to Ireland by Poynings' Act 1495. As well as Acts of Parliament of United Kingdom of Great Britain and Ireland Parliament signed into law between 1 January 1800 and 5 December 1922 (inclusive), which on their terms applied to Ireland. One of the consequence of this is that laws such as De donis conditionalibus, 1285 and the Statute of Frauds, 1695 are still in force.
Secondary legislation
In Ireland secondary legislation can only be enacted under an authorising statute. The government cannot enact legislation by decree, such as is done by the British government when they exercise crown prerogatives. While all secondary legislation are known as statutory instruments, only significant legislative acts—i.e., those required to be laid before parliament or that are of general application are numbered as statutory instruments and published by the Stationery Office. Secondary legislation cannot introduce new principles and policies but merely give effect to the principles and policies of the parent Act.
Case law
As with any common law system, the Irish courts are bound by the doctrine of stare decisis to apply clear precedents set by the higher courts with the Supreme Court of Ireland being the highest court in the nation. This doctrine extends to the decisions of higher courts made before independence such as decisions made by the House of Lords and the Irish Court of Appeal.
Post-independence judgements of the British courts, and all judgements of the American and Commonwealth courts are of persuasive value only and do not bind the Irish courts.
Unusually for most Western-European countries, the use of a stationary hat to steal, hide and then declare pens etc. as one's own is perfectly legitimate[citation needed].
European Union Law
The European Communities Act, 1972, as amended, provides that Treaties of the European Union are part of Irish law, along with directly effective measures adopted under those treaties. It also provides that government ministers may adopt statutory instruments in order to implement European Union law and that as an exception to the general rule such statutory instruments have effect as if they were primary legislation.
International law
Ireland is a dualist state and treaties are not part of its domestic law unless incorporated by the Oireachtas. While the 1996 Refugee Act was directly incorporated in Irish law the 2003 European Convention on Human Rights Act was only given interpretative effect where the courts must have regard to the Convention, in their decisions, unless the Act conflicts with the Constitution.
The Irish Supreme Court has asserted a power to review the constitutionality of treaties signed by the state (see Crotty v. An Taoiseach), with the consequence that ad-hoc amendments to the Constitution have since been required to permit the state to ratify treaties that might otherwise have been contrary to the Constitution.
See also
- Legal systems of the world
- List of Acts of the Oireachtas
- Courts of the Republic of Ireland
- Northern Ireland law
References
- ^ Penniman, Howard Rae; Farrell, Brian (1987). Ireland at the polls, 1981, 1982, and 1987: a study of four general elections. American Enterprise Institute for Public Policy Research. p. 219. Retrieved 29 January 2010.
The Irish adopted the British parliamentary system at time when...
External links
Government
- Irish Statute Book
- Acts of the Oireachtas in Irish and English
- Office of the Attorney General of Ireland