Legal System

Finding Legislation

Statutes in Force The statute law of Ireland comprises the following: Acts of the Oireachtas established under the 1937 Constitution Acts of the Oireachtas established under the 1922 Constitution Statutes of the Parliament of the United Kingdom of Great Britain and Ireland (1801 -1922) which applied to Ireland; Statutes of Irish Parliaments passed prior to the Union with Great Britain in 1801; Statutes of the Parliaments of England and Great Britain which were extended to Ireland by legislation of the Irish Parliament or the Parliament of the United Kingdom; Statutes of Parliaments of England applies to Ireland by writ of mandate from the Norman Conquest through to Poynings’ Law; Statutes of Parliaments of England applied to Ireland by Poynings’ Law (1485); Statutes of Parliaments of England and Great Britain applied to Ireland under various Acts.… Read the rest

Statutes I

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

Statutes II

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

Approaches to Interpretation I

General The courts must take judicial notice of all statutes. Statute law does not need to be proved as such. Statute law may be ambiguous. It may be ambiguous on its face or may be ambiguous as to how it applies to particular circumstances. … Read the rest

Approaches to Interpretation II

Literal / Plain Meaning The literal approach to interpretation follows the principle that the intention of the statute is reflected in its ordinary literal meaning. If the plain words of the legislation are clear then effect should be given to it and no further issues on interpretation arise.… Read the rest

Approaches to Interpretation III

Context / Schematic Interpretation Statutes are interpreted in their legal context. The Constitution stands at the apex of the Irths legal system. New law and statutes sit in the context of existing common law and statute. … Read the rest

Interpretation Act

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

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

Hierarchy of Courts & Precedent

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

Barristers II

Liability for Negligence For over 200 years, it was accepted that advocates, including in particular barristers, were immune from suit in respect of the conduct and management of cases in court. This is extended to pre-trial work which was intimately connected with the conduct of the case in court, that it can fairly be said to be a preliminary decision affecting the way in which the case is to be conducted when it is heard.… Read the rest

Common Law Sources (Ireland)

Irish Law Reports The primary source of common law is written judgements of the higher courts, the High Court and the Supreme Court. Selected written judgments of the higher courts are published in hardback volumes of law reports.… Read the rest

Common Law Sources (UK)

UK Law Reports The judgements of the UK courts constitute a very significant source of Irish law. The relative size of the United Kingdom is such that there is a greater volume of precedents available. Across a wide range of areas, legal precedents /judgements of the English courts are regularly cited and relied on by the Irish courts. … Read the rest

Barristers

Overview Barristers usually specialise in advising on and bringing cases before the higher Courts. Barristers will usually appear to represent clients in the High Court, Circuit Court and Supreme Court. Barristers frequently appear in the District Court. … Read the rest

Sources of Law

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

Common Law

General Common law is one of the main sources of Irish law. It consists of a series of rules and principles developed by judges over the centuries. Many of the most important of business law rules are common law rules.… Read the rest

Statutory Interpretation

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

Judgments and Law Reports

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

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

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

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