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1 LAW IN IRELAND - Coggle Diagram

- - - - Mainland Europe
- - - - Basic fundamentsl law of State, takes precedence, other laws depend on for validity
      - 2 PARTS
        
        INSTITUTIONAL APPARATUS OF STATE, STRUCTURE OF ORGANS OF STATE
        
        FUNDAMENTAL RIGHTS & Freedoms of the Citizens
      - AMENDED only by a popular REFERENDUM
    - - Acts of the Oireachtas (Statute Law) Govt & Senate
        
        Based on a specific provision of the Constitution ARTICLE 15.2
        
        Grants sole & exclusive law-making powers to Oireachtas(Parliament)
        
        Primary Legislation
        
        Secondary Legislation
        
        Bodies/ind conferred with
    - - Courts, precedent (STARE DECISIS)
        
        Article 34
        
        case by case, problem solving through law
        
        thousands decisions, centuries
        
        Judges APPLY the law
    - - Article 29
        
        EUROPEAN COURT OF JUSTICE
        
        SUPERCEDES Constitution in CERTAIN AREAS
        
        must be included as a SOURCE of FUNDAMENTAL LAW
        
        Own LEGAL SYSTEM full body of law applicable in member states
  - - - Article 29.6
      - Governs states in RELATIONSHIPS with one another
      - DUALIST STATE: int law must be INCORPORATED by means of LEGISLATION into IRISH LAW ARTICLE 29.6 WITH ARTICLE 15.2
    - - certain, reasonable & continuous
      - Exist in particular locality
    - - Christian Church
- - - - PRIVATE
        
        Contract Law
        
        Voluntary relationships between 2 or more people
        
        Law of Torts
        
        Private wrongs which result in injury to another eg negligence :star: to compensate injured party, not punish
        
        Property Law
        
        Ownership of property
        
        Family/Company/Labour Law
        
        Commercial Law
      - PUBLIC
        
        Constitutional Law
        
        Powers & functions of State :star: Rights of Individual
        
        Administrative Law
        
        Administration of State & Operation of Public Authorities
        
        Criminal Law
        
        Prohibited Conduct :star: Punishment of Breaches :star: Investigations & Prosecution-Public :star: Undertaken by Public Agencies - Gardai & DPP
      - POSSIBLE OVERLAP
        
        Criminal Offence (State V accused)
        
        Civil Wrong (Tort) (Victim V assailant)
  - - - Law of Civil & Criminal Procedure
      - Law of Evidence
- - - - Damages
    - - Fault lies with defendant
    - - Mark V John
  - - - Defendant is punished
    - - Possible Prison
    - - DPP V John