Podcast
Questions and Answers
Which article of the Irish Constitution implies a constitutional right to marry?
Which article of the Irish Constitution implies a constitutional right to marry?
What must every piece of legislation and judicial decision adhere to?
What must every piece of legislation and judicial decision adhere to?
Which article(s) of the Irish Constitution relate specifically to the enumerated fundamental rights?
Which article(s) of the Irish Constitution relate specifically to the enumerated fundamental rights?
Which case allowed for the interpretation of rights not specifically listed in the Irish Constitution?
Which case allowed for the interpretation of rights not specifically listed in the Irish Constitution?
Signup and view all the answers
How can amendments to the Irish Constitution be made?
How can amendments to the Irish Constitution be made?
Signup and view all the answers
What is the supreme source of law in Ireland?
What is the supreme source of law in Ireland?
Signup and view all the answers
Which of the following is an example of a fundamental constitutional right guaranteed by the Irish Constitution?
Which of the following is an example of a fundamental constitutional right guaranteed by the Irish Constitution?
Signup and view all the answers
Which of these rights can be limited in the interests of the common good in Ireland?
Which of these rights can be limited in the interests of the common good in Ireland?
Signup and view all the answers
Unenumerated rights are defined as rights that are not specified in the Constitution. Which of the following is an example of an unenumerated right?
Unenumerated rights are defined as rights that are not specified in the Constitution. Which of the following is an example of an unenumerated right?
Signup and view all the answers
What role do judges play in identifying unenumerated rights in Ireland?
What role do judges play in identifying unenumerated rights in Ireland?
Signup and view all the answers
What does a Commencement Order do in the context of legislation?
What does a Commencement Order do in the context of legislation?
Signup and view all the answers
Which principle allows courts to control delegated legislation?
Which principle allows courts to control delegated legislation?
Signup and view all the answers
In statutory interpretation, which rule allows judges to avoid an absurd or unjust result?
In statutory interpretation, which rule allows judges to avoid an absurd or unjust result?
Signup and view all the answers
Which case exemplifies the application of the Mischief Rule in statutory interpretation?
Which case exemplifies the application of the Mischief Rule in statutory interpretation?
Signup and view all the answers
What are intrinsic aids in statutory interpretation?
What are intrinsic aids in statutory interpretation?
Signup and view all the answers
What is a characteristic unique to EU Regulations compared to other forms of EU legislation?
What is a characteristic unique to EU Regulations compared to other forms of EU legislation?
Signup and view all the answers
Which of the following best describes the binding nature of EU Directives?
Which of the following best describes the binding nature of EU Directives?
Signup and view all the answers
Which of the following is a type of EU legislation that is not binding?
Which of the following is a type of EU legislation that is not binding?
Signup and view all the answers
What is one of the main aims of EU Directives?
What is one of the main aims of EU Directives?
Signup and view all the answers
Who are Decisions directed at within the framework of EU legislation?
Who are Decisions directed at within the framework of EU legislation?
Signup and view all the answers
What is the role of the Ceann Comhairle in the Dáil?
What is the role of the Ceann Comhairle in the Dáil?
Signup and view all the answers
Which amendment proposed the abolition of the Seanad Éireann?
Which amendment proposed the abolition of the Seanad Éireann?
Signup and view all the answers
Which of the following describes a key function of the President of Ireland?
Which of the following describes a key function of the President of Ireland?
Signup and view all the answers
During which stage of the legislative process is a bill examined section by section?
During which stage of the legislative process is a bill examined section by section?
Signup and view all the answers
What document grants the Oireachtas the power to create legislation?
What document grants the Oireachtas the power to create legislation?
Signup and view all the answers
Which type of legislation is known as secondary legislation?
Which type of legislation is known as secondary legislation?
Signup and view all the answers
What is the Final Stage in the legislative process?
What is the Final Stage in the legislative process?
Signup and view all the answers
What role does the Law Reform Commission play in relation to legislation?
What role does the Law Reform Commission play in relation to legislation?
Signup and view all the answers
What does the presumption of constitutionality imply in legal interpretation?
What does the presumption of constitutionality imply in legal interpretation?
Signup and view all the answers
Which rule of language means 'the expression of one thing excludes others'?
Which rule of language means 'the expression of one thing excludes others'?
Signup and view all the answers
What is the doctrine of precedent also known as?
What is the doctrine of precedent also known as?
Signup and view all the answers
Which of the following is NOT considered a source of extrinsic aid?
Which of the following is NOT considered a source of extrinsic aid?
Signup and view all the answers
What power do higher courts have regarding the decisions of lower courts?
What power do higher courts have regarding the decisions of lower courts?
Signup and view all the answers
Under which Article of the Irish Constitution does EU law gain force in Ireland?
Under which Article of the Irish Constitution does EU law gain force in Ireland?
Signup and view all the answers
Which of the following is NOT a type of secondary law in the EU?
Which of the following is NOT a type of secondary law in the EU?
Signup and view all the answers
Which institution is primarily responsible for making proposals for new European legislation?
Which institution is primarily responsible for making proposals for new European legislation?
Signup and view all the answers
Study Notes
Irish Legal System - Sources of Law
- Four Major Primary Sources of Law in Ireland:
- European Union Law
- Bunreacht na hÉireann / Irish Constitution (highest ranking domestic law)
- Legislation (Acts of the Oireachtas)
- Case Law/Common Law
Irish Constitution
- Typically the supreme source of law in a state.
- Highest-ranking domestic source of law.
- Outlines how the country functions and guarantees fundamental rights.
- Key Influences on the 1937 Constitution: Irish Language
- Divided into 50 Articles with sections and subsections.
- 1922 Constitution (Free State Constitution)
- 1937 Constitution (current)
- Available online.
Fundamental Constitutional Rights
-
Examples:
- Article 41.3.1: State protecting marriage
- Article 41.4: Right to marry regardless of sex
- Article 42.4: Right to free primary education
- Article 43.1: Right to own private property
- Article 44.2.1: Freedom of conscience and religion
- Article 34: Court cases held publicly (except in limited cases)
-
Fundamental Rights are not absolute and can be limited for the common good or public order.
-
Examples of limited rights:
- Personal Liberty: Arrest and imprisonment
- House Inviolability: Search warrants
- Right to own property: Taxation, compulsory acquisition
Unenumerated Rights
- Fundamental rights not explicitly mentioned in the Constitution.
- Judges identify these rights through interpretation of Constitution.
- Example: Article 41.3’s protection of marriage implies a constitutional right to marry.
The Oireachtas
- Dáil Éireann + Seanad Éireann + President make up the Oireachtas
- Articles 15 to 27 of the Constitution define the Oireachtas' composition.
- Key parts of the Dáil, including election, duration, functions, TDs: Taoiseach and Tánaiste, Dáil privilege, Ceann Comhairle, Rules of the Dáil
- The Seanad's composition (current and proposed changes).
Primary Legislation
- Acts of the Oireachtas
- Also referred to as Statutes.
- Power given to the Oireachtas by Article 15.2.1 of the Constitution.
- Legislative process: Bill Drafting, Parliamentary Counsel, Government Bills/Private Members Bills, Public Bills/Private Bills, Money Bills.
- For current bills, consult the Oireachtas website.
Legislative Process
- Legal proposals (Bills) must go through several stages to become law.
- Stages include: First Stage, Second Stage, Committee Stage, Report Stage, Fifth Stage and Enactment.
The President
- Detailed description of Presidential roles from Articles 12-14 of the Constitution: Eligibility, Election and term of office, Nomination, Functions of the President, Ceremonial role, Powers under the Constitution, Powers never used, Removal from office, Presidential Commission, Council of State.
Secondary Legislation
- Law created by government authorities on issues delegated by the Oireachtas
- Acts as Statutory Instruments: Orders, Regulations, Schemes, and Rules
- Examples: Commencement Orders, Bye-Laws.
Statutory Interpretation
- Judges interpret legislation, but it cannot be altered by them.
- Different approaches include the Literal Rule, Golden Rule, The Mischief Rule and the Purposive/Schematic/Teleological Approach.
- Cases involving statutory interpretation include Whitely v Chappell, Re Sigsworth and Smith v Hughes.
- The process incorporates different methods of interpreting laws.
Aids to Interpretation
- Intrinsic Aids: Materials within the act itself, including explanatory memorandum.
- Extrinsic Aids: Materials outside the act, including previous acts, reports of law reform bodies, dictionaries, textbooks or international treaties.
Judicial Precedent
- Common law systems heavily rely on case-law.
- Judge-made law/Case law/Binding Precedent.
- Doctrine of Precedent/Stare Decisis: Similar cases are handled consistently based on previous decisions.
- Ratio Decidendi: The reason for a case's decision, binding in future similar cases.
- Persuasive authorities: Decisions from lower courts, other jurisdictions, and dissenting judgments are helpful but not binding.
- Hierarchy of courts: higher courts have more flexibility to overrule lower courts, as well as distinguishing previous cases.
European Union Law
- Background to the EU's formation (Treaty of Rome 1957).
- Ireland joined the EU in 1973, followed by a referendum.
- EU membership, including Ireland's third amendment to the constitution, and Article 29.4.6.
- EU Law's force of law in Ireland.
- EU legislation and current membership.
- Describing the EU institutions: Who are the members, what they do (Council of the European Union, European Commission (how it operates), the European Parliament, the Court of Justice, the European Council).
###EU Regulations and Directives
- Difference between Regulations (directly applicable, binding in full) and Directives (binding results but member states have decision about how). Regulation Examples: General Data Protection Regulation, Directive Examples: Consumer Rights Directive.
Questions to be addressed
- Fundamental Human Rights in the Irish Constitution.
- Process of law making by the Oireachtas and the stages involved.
- Rules of Statutory Interpretation.
- Pros and Cons of Judicial Precedent.
- Two major EU institutions.
- Differences between EU Regulations and Directives.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore the fundamental sources of law in the Irish legal system, including the Constitution, European Union Law, and legislation. Understand the significance of each source and how they interrelate. This quiz will help you grasp the foundational legal principles that govern Ireland.
