824236
Description
Mind Map by Sana Khaliq, updated more than 1 year ago
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Created by Sana Khaliq
almost 11 years ago
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Sources of Law
- Historical
sources
- Irish law is a common law system
derived from English law
- It was implemented after a conquest which
replaced the highly developed native Brehon
Laws.
- Irish law has developed a character of its own with the coming into effect of a
written Irish Constitution in 1937 and the enactment of different acts.
- Irish law is a common law system
derived from English law
- Legal sources
- 3. Legislation (Statute Law)
- Components of the Statute
or The Oireachtas:
Uachtarán na hEireann
(President) Dáil Éireann
Seanad Éireann
- Process of
legislation
- Committee stage
- Reporting stage
- Final stage
- initiation of a bill by senate
- Committee stage
- Statute Law must be
Constitutional Statute Law is
subject to interpretation by the
courts, not just in relation to its
constitutionality A Bill is proposed
legislation – a draft. An Act is
adopted and effective legislation
- Interpretation of legislation Rules of
Statutory Interpretation:
- Literal rule:Judge must
stick strictly to the
literal meaning of words
- Golden Rule: Judge
modifies the literal meaning
to avoid absurdity in
interpretation
- Mischief rule:
Purposive
interpretation( allows
to investigate the
defect ascertaining
the legislation)
- Literal rule:Judge must
stick strictly to the
literal meaning of words
- Components of the Statute
or The Oireachtas:
Uachtarán na hEireann
(President) Dáil Éireann
Seanad Éireann
- 2. European Union
Law
- Different kinds of EU legislation Affect Ireland.
Originally, just economic policy Then,
environmental protection Recently, co-operation
in justice and home affairs and common foreign
and security policy Power to make legislation
affecting Ireland was given by the Irish people in
successive referendums
- e.g. Accession
Treaty, Maastricht
Treaty, Single
European Act, Treaty
of Nice
- Categories of EU
legislation: Regulations:
directly applicable
Directives: must be
implemented by
legislation here
- Different kinds of EU legislation Affect Ireland.
Originally, just economic policy Then,
environmental protection Recently, co-operation
in justice and home affairs and common foreign
and security policy Power to make legislation
affecting Ireland was given by the Irish people in
successive referendums
- 1. Bunreacht na hÉireann,
- Basic law of the land. Outlines the structure
of the government and enumerates the rights
of individuals The Constitution can be
amended by the passing of legislation.
Constitution is a dynamic document- always
changing
- Basic law of the land. Outlines the structure
of the government and enumerates the rights
of individuals The Constitution can be
amended by the passing of legislation.
Constitution is a dynamic document- always
changing
- 5. Case Law and judicial
Precedent
- Common law and precedent jurisdiction:
Ireland, England, America, Australia, New
Zealand
- Collection of previous decisions of
courts in other cases contained in the
law reports
- Stare Decisus doctrine which is the application of
principle of law as laid down by higher court in
previous occasion in a similar case to the case
before the court. A precedent or previous decision
may be persuasive or binding; Higher Court
decisions are binding on lower courts.
- Common law and precedent jurisdiction:
Ireland, England, America, Australia, New
Zealand
- 4. Secondary/Delegated
Legislation
- Delegated legislation; Minister or other bodies can make and
update regulations without having them to put for vote in dail or
senate; no debate by the government about the local matters;
quick, flexible and amended by a subsequent statute; Scrutinised
by Seanad Select Committee on statutory instruments;
- Delegated legislation; Minister or other bodies can make and
update regulations without having them to put for vote in dail or
senate; no debate by the government about the local matters;
quick, flexible and amended by a subsequent statute; Scrutinised
by Seanad Select Committee on statutory instruments;
- 3. Legislation (Statute Law)
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