Legal System

Many legal disputes turn on the interpretation of legislation in the context of the circumstances.  If the matter is adjudicated upon by a Court the Court will apply the legislation to the facts as found.  In many cases the facts will not be disputed but the question will turn on how the law applies to them.… Read the rest

Commencement A bill becomes law when it is signed by the President. However, the legislation may not take effect immediately. Commonly, there is provision for particular parts of an Act or the Act as a whole, to be commenced by on or more commencement orders.… Read the rest

Legislation Legislation refers to laws made formally.  Primary legislation refers to Statutes or Acts made by the Oireachtas. The Oireachtas in the Iegislature in the Republic of Ireland. The Oireachtas comprises the Dáil, Seanad and the President.… Read the rest

Nature of Law Law refers to the collection of rules making up the legal system as a whole.  Rules differ radically in their nature and purpose.  Some rules prohibit specific behaviour.  Breach is punishable under the law.… Read the rest

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

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

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

Written Judgments Traditionally, written decisions of the courts are given where a novel or important point of law arises. The influence of the European Convention on Human Rights and modern concepts of justice have made written judgments more common in cases in the higher cases.… Read the rest

General Principles Acts are public documents and judges must take judicial notice of them. They are not required to be proved in court. Statutory instruments must be formally proved. The courts may make use of matter that accompanies the legislation.… Read the rest

Hierarchy of Courts and Precedent Precedent works in the context of the hierarchy of courts.  In Ireland, the Supreme Court and Court of Appeal stand in the hierarchy above the High Courts and deal principally with points of law. … Read the rest