Public Law and Legal System

Solicitors

Organisation The legal profession in Ireland consists of two distinct branches. They have separate regulators, separate training and it is not possible to be a member of both branches at once. When the Legal Services Regulatory Authority commences, it will become the single regulator.… Read the rest

Separation of Powers

Separation of Powers The Constitution provides for a separation of powers. This principle is found in the Constitutions of most western democracies. The lawmaking power, the executive or administrative power and the courts are largely separated.… Read the rest

Secondary Sources of Common Law

Common Law Many of the most important principles of law are common law principles. Contract law, restitution, the law of civil wrongs, personal property are almost entirely common-law based. In higher court cases, where points of law are contested and argued, the Courts may focus on a handful of cases that are relevant to the particular situation.… Read the rest

Sanitation (Pre-Irish Water)

Sanitation Historically, sanitation and public health were key local government function. The modern local authority system had its origin in the creation of sanitary authorities in rural and urban areas in the 19th century for the purpose of the provision of water supply and sewerage.… Read the rest

Sanitation (Pre-Irish Water Re-organisation)

Water Services Act (pre Irish Water reorganisaton) The Water Services Act transfers the water functions from sanitary authorities to county authorities. They are renamed water services authority in their capacity as the provider of water services. … Read the rest

Rates and Finance

Local Authority Funding Local authorities funding comes from rates, government grants and services. The annual rate is based on the residual sum, being the deficiency in funds in the authority’s budget, which is not met from expenditure, state grants, local authorities, own resources.… Read the rest

Public Body Liability

Compensation and the State On an application for judicial review of an administrative decision, a claim for compensation may be made. If the applicant would have succeeded in a civil claim against the authority, damages may be awarded. … Read the rest

Precedent

Judicial Law Making In theory, judges do not make or change the law. The judge applies the law to the facts and makes the decision. This would breach the principle of the separation of powers. The sole power to make law is vested in the Oireachtas (parliament).… Read the rest

Pre-Independence

Pre-Modern The present legal system has evolved in the context of the history of Ireland. The present-day legal system is the product of and still contains many elements which evolved in and can be traced to particular historical phases.… Read the rest

Powers and Duties

Administrative law Public authorities are generally conferred with powers and duties in relation to their particular areas of competence. The powers and duties will be usually conferred by the legislation which establishes the body concerned. The legislation will commonly set out the body’s objectives or purpose, with more or less detail of its powers.… Read the rest