Statutes in Force The statute law of Ireland comprises the following: Acts of the Oireachtas established under the 1937 Constitution Acts of the Oireachtas established under the 1922 Constitution Statutes of the Parliament of the United Kingdom of Great Britain and Ireland (1801 -1922) which applied to Ireland; Statutes of Irish Parliaments passed prior to […]
Legislation Legislation refers to laws made formally. Primary legislation refers to Statutes or Acts made by the Oireachtas. The Oireachtas in the Iegislature in the Republic of Ireland. The Oireachtas comprises the Dáil, Seanad and the President. The President’s role is nominal. He or She is obliged to sign Bills into law, subject only to […]
Commencement A bill becomes law when it is signed by the President. However, the legislation may not take effect immediately. Commonly, there is provision for particular parts of an Act or the Act as a whole, to be commenced by on or more commencement orders. Commencement orders are generally made by the Minister. They are […]
General The courts must take judicial notice of all statutes. Statute law does not need to be proved as such. Statute law may be ambiguous. It may be ambiguous on its face or may be ambiguous as to how it applies to particular circumstances. If a statutory provision is ambiguous, it must first be interpreted […]
Literal / Plain Meaning The literal approach to interpretation follows the principle that the intention of the statute is reflected in its ordinary literal meaning. If the plain words of the legislation are clear then effect should be given to it and no further issues on interpretation arise. The literal approach is attractive in that […]
Context / Schematic Interpretation Statutes are interpreted in their legal context. The Constitution stands at the apex of the Irths legal system. New law and statutes sit in the context of existing common law and statute. In interpreting statutes, this legal context will frequently be helpful and relevant. Particular sections of legislation are interpreted in […]
General Principles Acts are public documents and judges must take judicial notice of them. They are not required to be proved in court. Statutory instruments must be formally proved. The courts may make use of matter that accompanies the legislation. This allows reference to marginal and side notes in Acts but not statutory instruments. Courts […]
Judicial Law Making In theory, judges do not make or change the law. The judge applies the law to the facts and makes the decision. This would breach the principle of the separation of powers. The sole power to make law is vested in the Oireachtas (parliament). In principle, the judge’s role is limited to […]
Hierarchy of Courts and Precedent Precedent works in the context of the hierarchy of courts. In Ireland, the Supreme Court and Court of Appeal stand in the hierarchy above the High Courts and deal principally with points of law. A decision of the Supreme Court is binding on the High Court and is generally binding […]
Liability for Negligence For over 200 years, it was accepted that advocates, including in particular barristers, were immune from suit in respect of the conduct and management of cases in court. This is extended to pre-trial work which was intimately connected with the conduct of the case in court, that it can fairly be said […]
Irish Law Reports The primary source of common law is written judgements of the higher courts, the High Court and the Supreme Court. Selected written judgments of the higher courts are published in hardback volumes of law reports. They are usually published on a weekly or monthly basis and are republished or bound in hardback […]
UK Law Reports The judgements of the UK courts constitute a very significant source of Irish law. The relative size of the United Kingdom is such that there is a greater volume of precedents available. Across a wide range of areas, legal precedents /judgements of the English courts are regularly cited and relied on by […]
Overview Barristers usually specialise in advising on and bringing cases before the higher Courts. Barristers will usually appear to represent clients in the High Court, Circuit Court and Supreme Court. Barristers frequently appear in the District Court. However, most District Court cases will be pleaded and dealt with by solicitors. Barristers must operate as sole […]
Nature of Law Law refers to the collection of rules making up the legal system as a whole. Rules differ radically in their nature and purpose. Some rules prohibit specific behaviour. Breach is punishable under the law. Other rules facilitate business and commerce, such as company law and the law of contract which enforces agreements. […]
General Common law is one of the main sources of Irish law. It consists of a series of rules and principles developed by judges over the centuries. Many of the most important of business law rules are common law rules. Examples include contract law, civil wrongs (tort), agency and restitution. Many of the basic rules […]
Many legal disputes turn on the interpretation of legislation in the context of the circumstances. If the matter is adjudicated upon by a Court the Court will apply the legislation to the facts as found. In many cases the facts will not be disputed but the question will turn on how the law applies to […]
Written Judgments Traditionally, written decisions of the courts are given where a novel or important point of law arises. The influence of the European Convention on Human Rights and modern concepts of justice have made written judgments more common in cases in the higher cases. In making its decision the Judge or Judges in a […]
Common Law Many of the most important principles of law are common law principles. Contract law, restitution, the law of civil wrongs, personal property are almost entirely common-law based. In higher court cases, where points of law are contested and argued, the Courts may focus on a handful of cases that are relevant to the […]
Organisation The legal profession in Ireland consists of two distinct branches. They have separate regulators, separate training and it is not possible to be a member of both branches at once. When the Legal Services Regulatory Authority commences, it will become the single regulator. The majority of lawyers are solicitors regulated by the Incorporated Law […]