Podcast
Questions and Answers
What is implied by Article 41.3 regarding marriage?
What is implied by Article 41.3 regarding marriage?
What constitutes unenumerated rights in the Irish Constitution?
What constitutes unenumerated rights in the Irish Constitution?
What document regulates the Irish legal system's adherence to laws?
What document regulates the Irish legal system's adherence to laws?
How can amendments to the Irish Constitution be made?
How can amendments to the Irish Constitution be made?
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Which Articles of the Irish Constitution have undergone amendments?
Which Articles of the Irish Constitution have undergone amendments?
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What is the highest-ranking domestic source of law in Ireland?
What is the highest-ranking domestic source of law in Ireland?
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Which constitutional article guarantees the right to marry someone irrespective of their sex?
Which constitutional article guarantees the right to marry someone irrespective of their sex?
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Which of the following rights can be limited in the interest of the common good?
Which of the following rights can be limited in the interest of the common good?
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Which of the following is NOT an example of unenumerated rights?
Which of the following is NOT an example of unenumerated rights?
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What does Article 34 of the Irish Constitution stipulate about court cases?
What does Article 34 of the Irish Constitution stipulate about court cases?
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What legislative tool is used to activate an Act or Statute, giving it force of law?
What legislative tool is used to activate an Act or Statute, giving it force of law?
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Which rule of statutory interpretation aims to avoid absurd or unjust results?
Which rule of statutory interpretation aims to avoid absurd or unjust results?
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What is the main principle that restricts judges from altering legislation?
What is the main principle that restricts judges from altering legislation?
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Which statutory interpretation case involved a defendant using the vote of a deceased person?
Which statutory interpretation case involved a defendant using the vote of a deceased person?
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What are the aids to interpretation that are found within the Act called?
What are the aids to interpretation that are found within the Act called?
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What is a key characteristic of EU Regulations?
What is a key characteristic of EU Regulations?
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Which statement correctly describes the purpose of EU Directives?
Which statement correctly describes the purpose of EU Directives?
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What distinguishes EU Decisions from other forms of secondary law?
What distinguishes EU Decisions from other forms of secondary law?
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What is the main aim of EU legislation such as Regulations and Directives?
What is the main aim of EU legislation such as Regulations and Directives?
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Which of the following statements about Recommendations and Opinions is true?
Which of the following statements about Recommendations and Opinions is true?
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Which of the following is a function of the President of Ireland as outlined in the Constitution?
Which of the following is a function of the President of Ireland as outlined in the Constitution?
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What is the first stage in the legislative process of a Bill in the Oireachtas?
What is the first stage in the legislative process of a Bill in the Oireachtas?
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What is the main argument against the abolition of Seanad Éireann?
What is the main argument against the abolition of Seanad Éireann?
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Which statement correctly describes the Taoiseach's role in the Oireachtas?
Which statement correctly describes the Taoiseach's role in the Oireachtas?
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Under which Article of the Irish Constitution is the power to make legislation conferred on the Oireachtas?
Under which Article of the Irish Constitution is the power to make legislation conferred on the Oireachtas?
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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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Which type of legislation is referred to as 'delegated' or 'secondary' legislation?
Which type of legislation is referred to as 'delegated' or 'secondary' legislation?
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What is the final stage of a Bill in the legislative process before it is signed into law?
What is the final stage of a Bill in the legislative process before it is signed into law?
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What principle indicates that similar cases should be decided in the same way?
What principle indicates that similar cases should be decided in the same way?
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Which of the following is NOT considered an extrinsic aid in legal interpretation?
Which of the following is NOT considered an extrinsic aid in legal interpretation?
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Which European Union institution is responsible for proposing legislation?
Which European Union institution is responsible for proposing legislation?
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What type of EU law is directly applicable and binding in its entirety?
What type of EU law is directly applicable and binding in its entirety?
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What is the primary legal significance of Article 29.4.6 of the Irish Constitution regarding EU law?
What is the primary legal significance of Article 29.4.6 of the Irish Constitution regarding EU law?
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Which of the following is a disadvantage of relying on judicial precedent?
Which of the following is a disadvantage of relying on judicial precedent?
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Which principle helps to clarify the meaning of a word in law based on its context within a statute?
Which principle helps to clarify the meaning of a word in law based on its context within a statute?
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What does the term 'Ratio Decidendi' refer to in judicial decisions?
What does the term 'Ratio Decidendi' refer to in judicial decisions?
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Study Notes
Irish Legal System - Sources of Law
- The Irish legal system has 4 major primary sources of law
- European Union Law
- Bunreacht na hÉireann/Irish Constitution
- Legislation
- Case Law/Common Law
Irish Constitution
- The constitution is the supreme source of law in the state, domestically
- It's the highest-ranking domestic source of law
- It outlines how the country runs and guarantees fundamental rights
Fundamental Constitutional Rights
- State protection of marriage (Art. 41.3.1)
- Right to marry irrespective of sex (Art. 41.4)
- Right to free primary education (Art. 42.4)
- Right to own private property (Art. 43.1)
- Freedom of conscience and religion (Art. 44.2.1)
- Court cases must be held publicly, except in limited cases (Art. 34)
Fundamental Rights are not absolute
- Personal liberty can be limited by arrest or imprisonment
- Homes are inviolable but can be entered with a search warrant
- Right to own property can be limited by taxation or compulsory acquisition
Unenumerated Rights
- Rights not explicitly listed in the Constitution, but implied
- Examples: right to marry, bodily integrity, livelihood
- Judges interpret constitutional text to identify these implied rights
The Irish Constitution - Details
- The 1937 Constitution is currently in force
- It has 50 Articles, divided into sections and sub-sections
- It establishes institutions of the state and guarantees fundamental rights
The Irish Constitution - Examples of Content
- Articles 2 and 3 outline the National Territory, amended in 1998
- Article 15 refers to the Oireachtas .
- Article 34 refers to the Courts
- Articles 40-44 outline Enumerated Fundamental Rights
- There are unenumerated rights, not explicitly listed
Legislation
- Ireland's legislation must align with the Constitution.
- Individuals can challenge laws that conflict with the Constitution
Legislation - Revising the Constitution
- The Constitution can be amended by the people of Ireland through a referendum
- Potential pathways for revisiting the Constitution include Constitutional Conventions and Citizens' Assemblies
The Oireachtas
- Comprised of Dáil Éireann, Seanad Éireann, and the President
- Defines the structure and function of the Oireachtas in articles 15 to 27 of the Constitution
- The composition of the Dáil (articles 16 and 17), election process, duration, functions of TDs and the Government (Taoiseach and Tánaiste) are regulated by legislation
Seanad Éireann
- Often referred to as the upper house
- Composition includes indirectly elected members, elected University graduates and those appointed by the Taoiseach.
Proposed Changes to the Seanad
- The possibility of abolishing or reforming the Seanad is a subject of ongoing debate and constitutional amendment
The President
- Governed by articles 12 to 14 of the Constitution
- Addresses eligibility, election, term of office, functions, ceremonial role, and even rarely used powers
Primary Legislation
- Also known as statutes
- The Oireachtas has the power to make legislation
- The Constitution empowers the Oireachtas (article 15.2.1).
Primary Legislation - Legislative Process
- The process includes drafting the Bill by Parliamentary Counsel
- Bills can be introduced by the Government or private members
- Bills are then debated and amended (First, Second, and Third Stages)
- Bills that advance, are debated and potentially approved by the houses of legislation
- A bill is then enacted as law after being signed into law by the President
The Legislative Process - Other elements
- The Role of the President in the legislative process is outlined (Article 26)
- Process of referencing the Supreme Court (Article 27)
Primary Legislation - Further Details, examples, and resources
- Form and content of Statutes.
- Current Statute Book - irishstatutebook.ie
- Sources and influences on legislation.
- Example - Data Protection Act 2018
- How legislation is structured
Delegated or Secondary Legislation
- Made by Government departments, or other delegated authorities
- These laws come from legislation passed by the Oireachtas
Delegated/Secondary Legislation - Control
- The Oireachtas also controls delegated legislation
- The Courts can also review delegated legislation to ensure it conforms to existing law and doesn't overstep its powers
Statutory Interpretation
- Judges apply relevant legislation, without altering their intent; they apply various approaches and theories.
- Literal, Golden, and Mischief rules.
- Purposeful approach also exists
Statutory Interpretation - Cases
- Case examples are provided using cases like Whitely v Chappell , Re Sigsworth, and Smith v Hughes
Aids to Interpretation
- Examining the actual law.
- Legal interpretation presumptions, some examples of which include constitutional presumption, and the presumption against retrospective effect
Extrinsic Aids to Interpretation
- Extrinsic material sourced from external entities, such as international treaties, previous laws, and reports from entities such as the Law Reform Commission
Judicial Precedent
- A common-law system heavily reliant on established legal cases.
- Judge-made law, Case law and binding precedent
Judicial Precedent - Doctrine of Precedent
- The doctrine of precedent, or stare decisis requires courts to align decisions regarding similar issues with prior precedents
- This maintains legal consistency and predictability.
Ratio Decidendi
- The reasoning of a court decision, which sets a binding precedent in future cases when similarly framed
Judicial Precedent - Higher/Lower Courts and Hierarchy
- The hierarchy of courts in Ireland; higher courts can overrule lower court decisions.
- Differentiating cases with sufficient distinctions from prior rulings.
Locating and Understanding a Judicial Decision
- Finding the specific legal precedent in legal reports
- Advantages and disadvantages of using judicial precedent
European Union Law
- Background, Treaty of Rome 1957
- Ireland's membership: join in 1973, referendum in 1972
- Irish law has to align with EU legislation.
- Article 29.4.6 gives EU law force in Ireland
EU Institutions
- Including descriptions of each institution, Who they are, what their function is, and the relationships between bodies
EU Secondary Legislation
- Regulations, Directives, Decisions, and Recommendations & Opinions.
- Detailed explanations of the different types of legislation.
- Examples of each type.
Questions
- Fundamental human rights in the Irish Constitution
- Steps for the Oireachtas in creating laws
- Rules for statutory interpretation
- Advantages/Disadvantages of judicial precedent
- Key EU institutions (2)
- Differences between EU Regulations and Directives
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Description
Explore the four primary sources of law in the Irish legal system including the Irish Constitution, legislation, case law, and EU law. This quiz will test your understanding of constitutional rights and their limitations within Ireland's legal framework.
