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Questions and Answers
What is typically considered the supreme source of law in Ireland?
What is typically considered the supreme source of law in Ireland?
Which of the following rights is guaranteed by the Irish Constitution?
Which of the following rights is guaranteed by the Irish Constitution?
Which article of the Irish Constitution relates to the freedom of conscience and religion?
Which article of the Irish Constitution relates to the freedom of conscience and religion?
What type of rights are referred to as 'Unenumerated Rights' in Irish law?
What type of rights are referred to as 'Unenumerated Rights' in Irish law?
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Under what conditions can fundamental constitutional rights be limited?
Under what conditions can fundamental constitutional rights be limited?
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What does Article 41.3 guarantee regarding marriage?
What does Article 41.3 guarantee regarding marriage?
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What is an example of an unenumerated right according to the Irish Constitution?
What is an example of an unenumerated right according to the Irish Constitution?
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What must all legislation and judicial decisions comply with?
What must all legislation and judicial decisions comply with?
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How can amendments to the Irish Constitution be made?
How can amendments to the Irish Constitution be made?
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Which Article deals with the Oireachtas in the Irish Constitution?
Which Article deals with the Oireachtas in the Irish Constitution?
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What is a feature of Delegated or Secondary Legislation?
What is a feature of Delegated or Secondary Legislation?
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Which rule allows judges to interpret words in order to avoid absurd or unjust results?
Which rule allows judges to interpret words in order to avoid absurd or unjust results?
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In the case of Whitely v Chappell, what was the primary issue involved?
In the case of Whitely v Chappell, what was the primary issue involved?
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Which approach combines the principles of both the Golden and Mischief Rules?
Which approach combines the principles of both the Golden and Mischief Rules?
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What are intrinsic aids used for in statutory interpretation?
What are intrinsic aids used for in statutory interpretation?
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What is the main function of the Dáil in the Oireachtas?
What is the main function of the Dáil in the Oireachtas?
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Which stage of the legislative process involves debating the general principles of the bill?
Which stage of the legislative process involves debating the general principles of the bill?
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What is the role of the Ceann Comhairle in the Dáil?
What is the role of the Ceann Comhairle in the Dáil?
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What does the term 'Seanad Éireann' refer to?
What does the term 'Seanad Éireann' refer to?
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Which article of the Constitution details the eligibility for the President of Ireland?
Which article of the Constitution details the eligibility for the President of Ireland?
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Which process involves a bill being signed into law by the President?
Which process involves a bill being signed into law by the President?
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What is the purpose of a Money Bill in the legislative process?
What is the purpose of a Money Bill in the legislative process?
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Which term describes law made by government departments or delegated bodies?
Which term describes law made by government departments or delegated bodies?
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What is a key characteristic of EU Regulations?
What is a key characteristic of EU Regulations?
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What do EU Directives require from Member States?
What do EU Directives require from Member States?
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Which of the following is true about EU Decisions?
Which of the following is true about EU Decisions?
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What is a major difference between EU Regulations and EU Directives?
What is a major difference between EU Regulations and EU Directives?
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Which statement best describes Recommendations and Opinions in EU law?
Which statement best describes Recommendations and Opinions in EU law?
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What does the Doctrine of Precedent, or Stare Decisis, imply in a common law legal system?
What does the Doctrine of Precedent, or Stare Decisis, imply in a common law legal system?
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What is one advantage of using judicial precedent?
What is one advantage of using judicial precedent?
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Which statement correctly describes the presumption of constitutionality?
Which statement correctly describes the presumption of constitutionality?
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What is the significance of Article 29.4.6 of the Constitution in relation to EU law?
What is the significance of Article 29.4.6 of the Constitution in relation to EU law?
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What are regulations in the context of EU law?
What are regulations in the context of EU law?
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Which of the following best describes the role of the European Commission?
Which of the following best describes the role of the European Commission?
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What is the principle of Ejusdem Generis in interpretation of law?
What is the principle of Ejusdem Generis in interpretation of law?
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What is the primary purpose of the Hierarchy of Courts in relation to judicial precedent?
What is the primary purpose of the Hierarchy of Courts in relation to judicial precedent?
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Study Notes
Irish Legal System - Sources of Law
- Four major primary sources of law in Ireland:
- European Union Law
- Bunreacht na hÉireann (Irish Constitution)
- Legislation
- Case Law/Common Law
Irish Constitution
- The supreme domestic source of law in Ireland.
- Outlines how the country functions and guarantees fundamental rights
- The 1937 Constitution is the current constitution in force.
Fundamental Constitutional Rights (Examples)
- Right to marry, regardless of sex (recent amendment)
- Right to free primary education.
- Right to own private property
- Freedom of conscience and religion.
- Court cases must be held in public (with limited exceptions)
Fundamental Rights limitations
- Fundamental rights are not absolute and can be limited by the common good or public order
- Personal Liberty can be limited through arrest and imprisonment.
- A house is inviolable but can be entered with a warrant.
- Right to own property can be taxed, or compulsorily acquired.
Unenumerated Rights
- Fundamental rights not explicitly listed in the Constitution, but implied through the interpretation of its text.
- Judges can find unspecified rights through interpreting words of the Constitution.
- Examples include right to marry, bodily integrity, and right to earn a livelihood.
The Irish Constitution - Further Details
- The 1922 Constitution was the Free State Constitution.
- Fifty articles divided into sections and subsections.
- Key influences on the 1937 Constitution.
- Constitution's importance in the legal system, including importance of its Irish language.
- Available online.
- Articles 2 and 3 define the national territory (amended 1998).
- Article 15 – The Oireachtas.
- Article 34 – The Courts.
- Articles 40 to 44 – Enumerated Fundamental Rights, including Ryan v Attorney General (1965).
Sources of Law - Legislation
- Acts of the Oireachtas (statutes) are made according to a specific process.
- The Oireachtas has the power to make legislation.
- Legislation process steps include drafting (parliamentary counsel), government/private member's bills, public/private and money bills.
- Acts must be in accordance with the Constitution.
- Individuals can challenge laws that conflict with the Constitution.
- Declarations of invalidity – for example De Burca v Attorney General (1976).
- Amendments to the Constitution can only be made by the people of Ireland in a referendum.
Legislative Process
- Stages of a bill becoming an enforceable law, including First, Second, Committee, Third, Report, and Fifth stages.
- Enactment by the president.
- The president's role and powers (Article 26).
- Article 27 further information.
Primary Legislation further details
- Form and content of Acts/Statutes and relevant language aspects.
- Current Statute Book information (irishstatutebook.ie).
- Sources and influences on legislation and Law Reform Commission's role.
- Example of an Act: Data Protection Act 2018.
- How legislation is made process.
Delegated Legislation
- Law made by government departments or other delegated bodies.
- Power delegated from an Act of Oireachtas.
- Primary types are statutory instruments (S.I.s), orders, regulations, schemes, and rules.
- Example of Commencement Order, and role of Bye-Laws.
- Control over delegated legislation, including control by the Oireachtas and judicial review ('ultra vires').
- Advantages and disadvantages of delegated legislation are covered
Statutory Interpretation
- The interpretation of legislation by judges (separation of powers).
- Three main approaches:
- Literal Rule (ordinary meaning of words).
- Notable case: Whitely v Chappell (1868).
- Golden Rule (avoiding absurd or unjust results).
- Significant case: Re Sigsworth (1935).
- Mischief Rule (addressing the mischief the law intended to prevent).
- Key case: Smith v Hughes (1960). Combining all three methods in a Purposive Approach.
- Literal Rule (ordinary meaning of words).
Aids to Interpretation
- Intrinsic Aids (found within the Act itself) such as the Act itself and explanatory memorandum.
- Extrinsic Aids (found outside the Act) – previous acts, reports of law reform bodies, dictionaries, and textbooks. Notable international treaties
Judicial Precedent
- Common law reliance on previous case rulings.
- Judge-made law/Case law/Binding precedent.
- Doctrine of precedent (stare decisis).
- Binding precedent includes deciding similar cases on the same reasoning (consistency).
- Ratio Decidendi meaning of the decision and its future binding authority in related cases.
- Further aspects include persuasive authorities from lower courts and jurisdictions outside of relevant jurisdiction. Dissenting judgments aspect also covered.
Hierarchy of Courts
- The hierarchy of courts and its flexibility in overruling lower court decisions.
- Distinguishing previous cases.
- Importance of case citations to locate cases and understand decisions by courts.
European Union Law
- Background to the EU's formation and the Treaty of Rome (1957).
- Original membership and Irish membership (joined in 1973).
- Ireland's obligation to be bound by EU court decisions and to implement EU legislation.
- Referendum of 1972 and its significance.
- EU law's source in the Irish Constitution (Article 29.4.6).
- Current EU membership.
Institutions of the European Union
- Institutions of the EU and their roles (Council of the EU, European Commission, European Parliament, Court of Justice, European Council).
Types of EU Secondary Legislation
- Regulations – Directly applicable, binding.
- Directives – Binding “result”, flexibility in implementation
- Decisions –Binding to named individuals or members states.
- Recommendations & Opinions–Persuasive, non-binding.
Questions
- Fundamental human rights in the Irish Constitution (note).
- Oireachtas lawmaking stages (stages involved).
- Rules of statutory interpretation (explanation).
- Advantages and disadvantages of judicial precedent (explanation).
- Two main EU institutions (note each).
- Differences between EU Regulations and EU Directives
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Description
Explore the key sources of law in Ireland, including EU Law, the Irish Constitution, legislation, and case law. Understand the role of the Constitution as the supreme source and the fundamental rights it guarantees. This quiz will help you test your knowledge on the essential components of Irish law.
