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The Irish Legal System-Sources of Law (Bunreacht na hEireann, 1937…
The Irish Legal System-Sources of Law
Bunreacht na hEireann, 1937
citizens rights
Government Structure
Art.16-Right to vote
Regulations
Executive, legislative and judicial
Executive- running the state and government departments
Legislative-National Parliament- Lower and Upper House
Judiciary-Courts -judicial functions
E.G.- Right of life of unborn child-Art. 40.3.3
Amended-passing legislation after referendum
President-Supreme Court ruling on constitutionality
Challenge Constitution-Murphy v Attorney General
Statute Law
Constitutional
Bill-proposed legislation
Act-adopted and effective legislation
Process of Legislation
1st stage-Dail or Seanad discuss bill
2nd stage-provisions and debated
3rd stage-general idea-accepted
4th stage-review at committee stage
5th stage-completes process-signed by the president
Literal Rule-judge keeps to ordinary words used
Golden Rule-reasonable interpretation of literal rule
Mischief Rule-investigate purpose legislation
Secondary Legislation-Minister updates legislation without vote- Dail/Seanad
intra vires-powers delegated
Ultra vires-declared void
Case Law and Judicial Precedent-previous decisions in law reports
Common Law systems-Ireland
Judicial System-Consistency and Certainty,Realism,Time
Civil Law-France
Case Law-continuity and certainty
decisions made in previous cases-stare decisis
Ratio decidendi-cases in other jurisdictions
Operation of Judicial Precedent-binding,persuasive,non-binding
Ober dicta-not binding, persuasive in future cases
E.U Law-economic policy and environmental protection
Referendums-E.G.-Lisbon Treaty
Treaties,Regulations,Directives,Decisions and Recomendations and opinions