Functions and Sources of Irish Law

Study Notes

Law is enforced by a state to govern human conduct.
The law is not static, it evolves reflecting the values of each era.
Law serves to protect property rights, uphold public order, foster economic growth, and address social challenges.

The Brehon laws were the highly developed native laws of Ireland before the Norman Conquest.
After the Conquest, English common law was implemented.
Since the establishment of Ireland as a free state in 1922, Irish law has evolved under the 1937 Irish Constitution (Bunreacht na hÉireann) and new legislation.

Legislation (Statute Law): Laws passed by the Irish Parliament (Oireachtas).
Subordinate Legislation: Laws created by government departments or agencies, authorized by primary legislation.
Irish Constitution 1937 (Bunreacht na hÉireann): The fundamental legal document setting out basic rights and principles.
European Union Law: Laws made by the EU that apply to Irish law.
Judicial Precedent (Statutory Interpretation): Decisions of courts, which can set a legal precedent for future cases.

Common law developed from local customs that were unified under the King.
Royal justices travelled to different parts of the realm to settle disputes, using local customs as a basis for their decisions.
This common law system was made applicable to all of England and Wales.
Ireland became subject to Common Law by 1331.

Common law evolved into a rigid and harsh system.
It became difficult to obtain justice due to complex procedures and limited remedies.
Dissatisfied litigants petitioned the King for relief, leading to the establishment of the Court of Chancery.