Intro to Law

SLOs

10.1.1 identify the sources of Irish law10.1.2 explain the features of each of the sources of Irish law10.1.3 summarise the fundamental rights as outlined in the Constitution

10.1.4 distinguish between:

· civil and criminal law

· public and private law

· procedural and substantive law

Functions of Irish law Body of rules imposed by a state to

regulate human conduct for the common good

The court interprets these rules, passes a sentence or makes a ruling, or an award for compensation

The law changes and develops It is intertwined with society and the

economy

Sources of Law Historical sources – common law and

equity Legal sources1. Legislation2. Subordinate legislation3. Constitution 19374. EU Law5. Precedent

Historical sources Irish law is derived from the English

system Replaced Brehon law Since Free State 1922 and Constitution

1932 it has developed its own character

LegaL Sources of Law Legislation Made by the oireachtas The oireachtas consists of 2 houses: Dáil

Eireann and Seanad Éireann and the president

Bills – 5 stages1. Title - Dáil or Seanad place the title of the bill before

the house – pass or defeated2. Second Reading - Bill gets a second reading and

minister explains it3. Committee stage - Bill goes to committee stage

(entire house) or standing committee (includes experts) if of a technical nature. Bill may be amended

4. Report stage – further/final amendments may be made.

5. Final Reading – the bill is presented is passed by both houses and presented to the president for signature. The president publishes a notice in the Official Gazette stating the bill has become law

Legislation and the constitution If a statute is found to be repugnant to

the constitution it can be declared invalid in the High Court

Interpretation of Legislation Judges interpret the law They use 3 guidelines

1. The literal rule – give words their usual meaning

2. The golden rule – avoid absurd or inconsistent result

3. The Mischief rule – if law passed to remedy a mischief, interpretation must remedy the mischief

Subordinate legislation Oireachtas delegates power to make

laws Ministers Local Authorities – bye laws Other bodies

May be challenged as Ultra Vires is goes beyond powers

Scrutinised by the Seanad Select Committee on Statutor Instruments

The Constitution Bunreacht na hÉireann 1937 The highest law of the land – save EU law Referendum required to amend the

constitution Regulates the nation, the state, the

government, president, citizen, the courts http://

www.taoiseach.gov.ie/upload/static/256.htm

The constitution1-3 The Nation4-11 The State12-14 The President15-27 The National ParliamentConstitution and Powers

Dáil ÉireannSeanad Éireann Legislation

28 The Government28A Local Government29 International Relations30 The Attorney General31-32 The Council of State33 The Comptroller and Auditor

General

34-37 The Courts38-39 Trial Of Offences40-44 Fundamental Rights Personal Rights

The FamilyEducationPrivate PropertyReligion

45 Directive Principles of Social Policy

46 Amendment of the Constitution

47 The Referendum48-50 Repeal of Constitution of

Saorstát Éireann and Continuance of Laws

Preamble In the Name of the Most Holy Trinity, from Whom is all

authority and to Whom, as our final end, all actions both of men and States must be referred,

We, the people of Éire, Humbly acknowledging all our obligations to our Divine Lord,

Jesus Christ, Who sustained our fathers through centuries of trial,

Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,

And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,

Do hereby adopt, enact, and give to ourselves this Constitution.

Think of Lybia and their rebellion against the Gadaffi regime.

How might the rebel leaders go about restoring law and order and establish new foundations for their state?