Post on 29-Jan-2016
Intro to Law
SLOs
10.1.1 identify the sources of Irish law10.1.2 explain the features of each of the sources of Irish law10.1.3 summarise the fundamental rights as outlined in the Constitution
10.1.4 distinguish between:
· civil and criminal law
· public and private law
· procedural and substantive law
Functions of Irish law Body of rules imposed by a state to
regulate human conduct for the common good
The court interprets these rules, passes a sentence or makes a ruling, or an award for compensation
The law changes and develops It is intertwined with society and the
economy
Sources of Law Historical sources – common law and
equity Legal sources1. Legislation2. Subordinate legislation3. Constitution 19374. EU Law5. Precedent
Historical sources Irish law is derived from the English
system Replaced Brehon law Since Free State 1922 and Constitution
1932 it has developed its own character
LegaL Sources of Law Legislation Made by the oireachtas The oireachtas consists of 2 houses: Dáil
Eireann and Seanad Éireann and the president
Bills – 5 stages1. Title - Dáil or Seanad place the title of the bill before
the house – pass or defeated2. Second Reading - Bill gets a second reading and
minister explains it3. Committee stage - Bill goes to committee stage
(entire house) or standing committee (includes experts) if of a technical nature. Bill may be amended
4. Report stage – further/final amendments may be made.
5. Final Reading – the bill is presented is passed by both houses and presented to the president for signature. The president publishes a notice in the Official Gazette stating the bill has become law
Legislation and the constitution If a statute is found to be repugnant to
the constitution it can be declared invalid in the High Court
Interpretation of Legislation Judges interpret the law They use 3 guidelines
1. The literal rule – give words their usual meaning
2. The golden rule – avoid absurd or inconsistent result
3. The Mischief rule – if law passed to remedy a mischief, interpretation must remedy the mischief
Subordinate legislation Oireachtas delegates power to make
laws Ministers Local Authorities – bye laws Other bodies
May be challenged as Ultra Vires is goes beyond powers
Scrutinised by the Seanad Select Committee on Statutor Instruments
The Constitution Bunreacht na hÉireann 1937 The highest law of the land – save EU law Referendum required to amend the
constitution Regulates the nation, the state, the
government, president, citizen, the courts http://
www.taoiseach.gov.ie/upload/static/256.htm
The constitution1-3 The Nation4-11 The State12-14 The President15-27 The National ParliamentConstitution and Powers
Dáil ÉireannSeanad Éireann Legislation
28 The Government28A Local Government29 International Relations30 The Attorney General31-32 The Council of State33 The Comptroller and Auditor
General
34-37 The Courts38-39 Trial Of Offences40-44 Fundamental Rights Personal Rights
The FamilyEducationPrivate PropertyReligion
45 Directive Principles of Social Policy
46 Amendment of the Constitution
47 The Referendum48-50 Repeal of Constitution of
Saorstát Éireann and Continuance of Laws
Preamble In the Name of the Most Holy Trinity, from Whom is all
authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Éire, Humbly acknowledging all our obligations to our Divine Lord,
Jesus Christ, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.
Think of Lybia and their rebellion against the Gadaffi regime.
How might the rebel leaders go about restoring law and order and establish new foundations for their state?