Irish Law MCQ PDF

What is law ? The law is the body of rules imposed by a State upon its members which is designed to regulate human conduct within that State. The courts interpret these rules of conduct, decide whether they have been broken and pass sentence or make an award of compensation. The law is not static....

What is law ? The law is the body of rules imposed by a State upon its members which is designed to regulate human conduct within that State. The courts interpret these rules of conduct, decide whether they have been broken and pass sentence or make an award of compensation. The law is not static. It changes and develops, reflecting the values and institutions of each era. Not alone does it define and safeguard rights of property and uphold public order, but it is also used to develop the national economy and to deal with social problems. Sources of Irish law. The term ‘sources of law’ is used in several different senses: (a) historical sources – generally regarded as common law and equity; (b) legal sources – how the law is currently brought into existence. There are five legal sources: (a) legislation (statute law); (b) subordinate legislation; (c) the Irish Constitution 1937 (Bunreacht na hÉireann); (d) European Union law ; (e) judicial precedent (interpretation of statutes). What is Common law irish law is a common law system derived from English law. It was implemented after a conquest which replaced the highly developed native Brehon laws. Since the foundation of the Irish Free State in 1922, however, Irish law has developed a character of its own with the coming into effect of a written Irish Constitution (Bunreacht na hÉireann) in 1937 and the enactment of different statutes. Irish law comes from English common law, which was introduced after a conquest that replaced Ireland's older Brehon laws. However, since Ireland became independent in 1922, the country has developed its own legal system. This includes a written Irish Constitution (Bunreacht na hÉireann), which came into effect in 1937, and various new laws that have been created since then. How was equity created ? The law created by the King’s Court and handled by the Court of Chancery was called **equity**. At first, the Chancellor focused on finding the truth and giving a fair solution, without worrying too much about rules or procedures. Over time, the court started following its past decisions and developed general rules, called the **maxims of equity**, which are still used today when someone asks for a fair solution in court. What is the maxims of equity? The maxims of equity are general legal principles that guide courts in making fair decisions when applying equity. These rules ensure fairness and justice, such s as"Equity will not suffer a wrong to be without a remedy" and "He who comes to equity must come with clean hands." They help courts provide balanced solutions in legal cases. Examples of equity (a) Those who seek equity must do equity – If you want fair treatment, you must also treat others fairly. (b) Equity looks to the intent rather than the form – Equity cares more about what someone is trying to do rather than just following strict rules or appearances. (c) Those who come to equity must come with clean hands – To be treated fairly, you must have acted properly in your past actions. (d) Equality is equity – Everyone should be treated equally, and fairness means giving the same opportunity to all parties involved. Equity wasn't a complete replacement for common law. Instead, it improved and added to common law. Major changes from equity's influence included: (a) Protecting rights that common law did not cover. (b) Providing a better process to resolve disputes. (c) Creating flexible, discretionary remedies. Since equity and common law had different approaches, they often clashed. In 1615, the King decided that when they conflict, equity should prevail. By the 19th century, both systems followed past decisions (precedents). However, having separate courts for equity and common law wasn't practical, so in Ireland, the Judicature (Ireland) Act 1877 merged the two systems into one court. In cases of conflict, equity still prevails. Legislation or statute law. Legislation is the laying down of legal rules by an institution which is recognised as having the right to make law for the community. Such laws are known as statute s. The oldest Irish laws were made by English kings before parliaments existed. The Parliament of Ireland made laws until the Act of Union 1800, which merged Ireland with Great Britain. From 1800 to 1922, laws were made in Britain. When the Irish Free State was created in 1922, Ireland could make its own laws. From 1922 to 1937, laws were made by the Oireachtas of Saorstát Éireann. Since 1937, the Oireachtas has made laws for Ireland. Article 50 of the Constitution says older laws still count unless they conflict with the new Constitution. The Oireachtas is the only group allowed to make laws, as stated in Article 15.2.1. The Oireachtas has two parts: Dáil Éireann and Seanad Éireann, plus the President. In 2013, people voted to keep the Seanad, with 51.7% voting ‘No’ to getting rid of it. 1. Oldest Laws: The oldest laws in Ireland were made by English kings before parliaments existed. The Parliament of Ireland made laws until the Act of Union 1800, which joined Ireland with Great Britain. From 1800 to 1922, laws were made in the British Parliament. 2. Irish Free State: When the Irish Free State was created in 1922, Ireland could make its own laws again. From 1922 to 1937, laws were made by the Oireachtas of Saorstát Éireann. Since 1937, the Oireachtas has been in charge of making laws under the new Constitution. Article 50 says that older laws still apply unless they conflict with the 1937 Constitution. 3. Current Law-Making Body: Today, the law-making body is the Oireachtas. According to Article 15.2.1, only the Oireachtas can make laws. The Oireachtas has two parts: Dáil Éireann and Seanad Éireann, plus the President. In 2013, people voted to keep the Seanad, with 51.7% voting ‘No’ to abolishing it. How a Bill Becomes a Law A Bill is a proposal for a new law. It goes through five steps in the Oireachtas: 1. First Stage: The Bill’s title is presented. If it passes, it gets printed. If not, it fails. 2. Second Stage: The printed Bill is shared. The minister explains it to the members. 3. Committee Stage: Members examine the Bill. Changes can be made. 4. Report Stage: More changes can be made. The government may suggest final changes. 5. Final Reading: The Bill is sent to the other House for a similar process before it becomes law. f a law (statute) or part of a law is later found to conflict with the Constitution, the High Court can declare it invalid. If someone appeals, the Supreme Court can also review the case. Judges follow certain guidelines—though these are not strict rules—to help them understand laws. The three main methods of interpreting statutes are: The Literal Rule This is the basic way to interpret a law. A judge must use the ordinary meaning of the words unless the law itself gives a different definition or meaning. The Mischief Rule The Mischief Rule focuses on the purpose of the law, especially when a law is created to fix a specific problem or "mischief." How it works: Identifying the Mischief: The court looks at the situation or problem that existed before the law was passed. Purpose of the Law: It considers what the law intended to solve. Construction: The judge then interprets the law in a way that addresses the identified problem effectively. Example: Suppose there was a law made to prevent people from being cheated in business transactions. Before this law, there might have been a loophole that allowed dishonest business practices. If a business used a loophole to trick customers, the court would look at the mischief (the unfair practices) that the law aimed to eliminate. Therefore, it would interpret the law broadly to include practices that are not explicitly mentioned but still lead to unfairness. Summary The Golden Rule helps avoid unreasonable outcomes by slightly altering the meaning of a law. The Mischief Rule focuses on fixing a specific problem that the law was designed to address Subordinate (Delegated) Legislation 1. Definition: Subordinate legislation is created by authorities or individuals that the Oireachtas (the Irish legislature) has given power to make laws. This can include government ministers, public authorities, and local authorities. 2. Purpose: Efficiency: It saves the Oireachtas from debating every small issue and allows for quicker action, especially in emergencies. Flexibility: Delegated legislation can be changed or updated easily, while regular laws (statutes) require a whole new law to be amended. 3. Disadvantages It can only be repealed, not amended, making it difficult to update without completely replacing it. There’s a large volume of this legislation, which can be hard for the Oireachtas and the public to keep track of. There’s less accountability since many rules are made by unelected officials. 4. Types of Delegated Legislation: Orders: Instructions for specific actions (e.g., when a new law will start). Example: A minister might issue a Commencement Order stating when a new Act takes effect. Regulations: Detailed rules that expand on existing laws. Example: The Safety, Health and Welfare at Work (Diving) (Amendment) Regulations 2019 allow the recognition of diving certificates from other countries. a. Rules: Procedural guidelines for processes. Example: The District Court (Domestic Violence) Rules 2019 set procedures for handling domestic violence cases. Accession to the EEC: Ireland joined the European Economic Community (EEC) in January 1973. This meant that Ireland became part of a larger group of countries working together economically. Impact on the Constitution: Before joining the EEC, the Irish Constitution was the highest law in the country. However, after accession, this changed: Laws made by the EEC (now the EU) were not created by the Irish Constitution, so they couldn't automatically become part of Irish law. Constitutional Amendment: To allow EEC laws to be included in Irish law, an amendment to the Constitution was needed. This change was proposed and accepted by the Irish people in a referendum on 10 May 1972. Key Legislation: Two important laws were passed to enforce this change: European Communities Act 1972: This law incorporated EEC laws into Irish law. European Communities (Amendment) Act 1973: This further clarified and supported the integration of EEC legislation. European Union Law 1. Primary Law: a. The main laws of the EU come from several important treaties:  i. Treaty of Paris (1951): Established the European Coal and Steel Community (ECSC). ii. Treaties of Rome (1957): Established the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). iii. Single European Act (1986), Maastricht Treaty (1992), Treaty of Amsterdam (1997), Treaty of Nice (2001), and Treaty of Lisbon (2007): These treaties shaped the functioning and governance of the EU. b. Precedence Over Domestic Law: EU primary law takes priority over national laws. When a country ratifies these treaties, the provisions automatically become part of that country’s law. 2. Secondary Law: a. This includes laws made by EU institutions like the European Parliament, the Council of the EU, and the European Commission: i. Regulations: These apply directly and immediately to all member states, including Ireland, without needing additional legislation. ii. Directives: These set goals for member states to achieve but require local laws (statutes or regulations) to implement them. b. Recommendations and Opinions: These are issued by EU institutions but are not legally binding; they serve as guidance. 3. Influence on Irish Law: a. While EU membership limits the supremacy of the Irish Constitution, the directives that Ireland follows are the result of negotiations among EU member states, including Ireland. Thus, the Irish government plays a role in shaping EU laws. b. The Oireachtas (Irish Parliament) can indirectly influence EU law-making through its support of the Irish government, which needs a majority in the Dáil (the lower house of Parliament) to remain in office. Judicial Precedent 1. Common Law Development: a. Common law and equity have been shaped over time by judges making decisions in courts. This process involves applying established laws to new situations to ensure consistency. 2. Judicial Decisions: a. As legal decisions became more complex, judges’ rulings were recorded. This allowed future judges to refer to earlier decisions, which provided certainty and helped develop the law over time. 3. Doctrine of Precedent: a. Established by the Judiciature Acts 1873-75, this doctrine means that courts follow the decisions made by higher courts. This creates a clear hierarchy in the judicial system, ensuring that similar cases are treated similarly. Judicial Precedent Definition: Judicial precedent is the practice of applying legal principles established by higher courts in previous similar cases. Key Concept: The doctrine of stare decisis means "to stand by the decided," requiring courts to follow established precedents. Types of Precedent: Binding Precedent: Must be followed by lower courts. Persuasive Precedent: Can influence but does not have to be followed. This ensures consistency and predictability in the law. Definition: A decision from a higher court that must be followed by lower courts. Key Concepts: o Ratio Decidendi: The legal principle or reason for the decision that is binding. o Obiter Dictum: Comments made by the judge that are not essential to the decision and are not binding. Advantages of Binding Precedent: Consistency: Ensures similar cases are treated alike, promoting fairness. Certainty: Allows people to predict court outcomes based on established law. Flexibility: Facilitates the evolution of law as new cases arise. Disadvantages of Binding Precedent: Limited Judicial Discretion: Judges have less freedom to interpret the law. Conflicting Precedents: Different courts may create contradictory rulings. Complication of Law: Judges might find distinctions in cases that complicate legal principles unnecessarily. Judicial Precedent and Court Hierarchy 1. Court Status: a. Not every court decision is binding; it depends on the court's level in the hierarchy. b. Higher Courts: Their decisions are more likely to be followed universally. c. Lower Courts: Decisions can be overruled by higher courts, making the old precedent void. 2. Equal Courts: a. Courts of the same level cannot overrule each other; their decisions serve as persuasive authority only. 3. Distinguishing Cases: a. A court may decide that the previous case’s ruling doesn’t apply due to factual differences. This is called distinguishing and allows the court to create a new legal principle. 4. Supreme Court of Ireland: a. The Supreme Court binds all other courts and is not bound by any other court's decisions. b. Since 1965, the Supreme Court can choose not to follow its previous decisions, allowing for legal development. definition: Ratio decidendi is Latin for "the reason for the decision." It refers to the legal principle or rule that a court establishes when making its judgment. Importance: This part of a court’s decision is binding on lower courts in future cases. It sets a precedent that must be followed.