Law of the Republic of Ireland
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The law of
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
consists of constitutional, statutory, and common law. The highest law in the State is the
Constitution of Ireland The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
, from which all other law derives its authority. The Republic has a
common-law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prec ...
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
with a written constitution that provides for a parliamentary democracy based on the British parliamentary system, albeit with a popularly elected president, a
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
, a developed system of constitutional rights and
judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
of primary legislation.


History of Irish law

The sources of law in both the Republic of Ireland and
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
reflect Irish history and the various parliaments whose law affected the island of
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
down through the ages.


The Brehon Laws

The
Brehon Laws Early Irish law, also called Brehon law (from the old Irish word breithim meaning judge), comprised the statutes which governed everyday life in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwe ...
were a relatively sophisticated early Irish legal system, the practice of which was only finally wiped out during the Cromwellian conquest of Ireland (ending in 1653). The Brehon laws were a civil legal system only – there was no criminal law. Acts that would today be considered criminal were then dealt with in a similar manner to
tort law A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime ...
today. A perpetrator would have to compensate the victim, rather than having a punishment, such as imprisonment, imposed upon him or her.


Parliament of Ireland

The
Parliament of Ireland The Parliament of Ireland () was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until the end of 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the Irish Hou ...
made laws for the Lordship of Ireland and
Kingdom of Ireland The Kingdom of Ireland (; , ) was a dependent territory of Kingdom of England, England and then of Kingdom of Great Britain, Great Britain from 1542 to the end of 1800. It was ruled by the monarchs of England and then List of British monarchs ...
from 1297 until the end of 1800.


Parliament of the United Kingdom

After the kingdoms of Ireland and Great Britain were united in 1800, the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
made laws for Ireland. This continued in the south until 1922.


The first and second Dáil

The first (1919-21) and second Dáil (1921-22) sat in opposition to
British rule in Ireland British colonial rule in Ireland built upon the 12th-century Anglo-Norman invasion of Ireland on behalf of the English king and eventually spanned several centuries that involved British control of parts, or the entirety, of the island of Irel ...
. The laws passed by the first and second Dáil had no official legal effect.


Constitutional law

The Irish Constitution was enacted by a popular
plebiscite A referendum, plebiscite, or ballot measure is a direct vote by the electorate (rather than their representatives) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy) or adv ...
held on 1 July 1937, and came into force on 29 December of the same year. The Constitution is the cornerstone of the Irish legal system and is held to be the source of power exercised by the legislative, judicial and executive branches of government. The Irish
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
and High Court exercise judicial review over all legislation and may strike down laws if they are inconsistent with the constitution. The Constitution can be amended only by referendum. A proposal to amend the Constitution is introduced into
Dáil Éireann Dáil Éireann ( ; , ) is the lower house and principal chamber of the Oireachtas, which also includes the president of Ireland and a senate called Seanad Éireann.Article 15.1.2° of the Constitution of Ireland reads: "The Oireachtas shall co ...
(the lower house of parliament) as a bill and if passed by the Dáil, and passed or deemed to have been passed by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(the upper house), is put to the people. Only Irish citizens resident in the state may vote. There is no threshold for such referendums and a simple majority of voters is sufficient for a proposal to be passed. Once passed by the people, the President signs the referendum bill into law. As of November 2011, there have been 33 such referendums: 23 of which were approved by the people and 10 of which were rejected. The constitution was also amended twice during an initial transitional period of three years following the election of the first President of Ireland when amendments could be made without recourse to the people.


Statute law

Modern-day statute law is made by the bicameral National Parliament — more commonly known by its Irish name, the
Oireachtas The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
. Acts of the Oireachtas are split into sequentially numbered sections and may be cited by using a short title which gives the act a title roughly based on its subject matter and the year in which it was enacted. While the Oireachtas is bicameral, the upper house, the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(or ''Seanad''), has little power which at most allows the Senate to delay rather than veto legislation, something that has only happened twice since 1937. Article 50 of the
Constitution of Ireland The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
carried over all laws that had been in force in the
Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
prior to its coming into force on 29 December 1937, insofar as these laws were not repugnant to the new constitution. A similar function had been fulfilled by Article 73 of the Constitution of the Irish Free State, which carried overall legislation that had in force in Southern Ireland, insofar as these laws were not repugnant to the Constitution of the Irish Free State. As a result, while the Irish state has been in existence for a century, the statute book stretches back in excess of 800 years. By virtue of the Statute Law Revision Act 2007, the oldest Act currently in force in Ireland is the Fairs Act 1204. The statute law of Ireland includes law passed by the following: * Pre-union Irish statutes ** the
King of England The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers Constitutional monarchy, regula ...
as a lawgiver for Ireland, and the
Parliament of Ireland The Parliament of Ireland () was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until the end of 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the Irish Hou ...
(1169–1800) * English and British statutes, which applied to Ireland in their original enactment or were subsequently applied to Ireland ** the
King of England The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers Constitutional monarchy, regula ...
(1066–1241) ** the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spi ...
(1241–1706) ** the
Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union 1707, Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a ...
(1707–1800) * Statutes of the
United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was the union of the Kingdom of Great Britain and the Kingdom of Ireland into one sovereign state, established by the Acts of Union 1800, Acts of Union in 1801. It continued in this form until ...
** the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
, which applied to
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
in their original enactment or were subsequently applied to Ireland (1 January 1801 to 5 December 1922) * Statutes of the independent Irish state since December 1922 (this state being known by various names, such as the
Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
and the
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, etc.) ** the Oireachtas of the Irish Free State (6 December 1922 to 28 December 1937) ** the present
Oireachtas The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
(from 29 December 1937 to date)


Secondary legislation

Notwithstanding the declaration in the 1937 constitution that the
Oireachtas The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
is to be "the sole and exclusive" legislature, it has long been held that it is permissible for the Oireachtas to delegate its law-making power(s) to other bodies as long as such delegated legislation does not exceed the "principles and policies" set out in the relevant authorising statute. All instances of delegated legislation in Ireland are known as statutory instruments, although only a small subset of these are numbered as statutory instruments and published by the Stationery Office. This latter subset is composed of statutory instruments which are required to be laid before the Oireachtas or which are of general application. In addition, a body of charters, statutory rules and orders and other secondary legislation made prior to the independence of the
Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
in 1922 continues to be in force currently in Ireland, insofar as such legislation has not been revoked or otherwise ceased to be in force.


Common law

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
was the subject of the first extension of England's
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
legal system outside England. While in England the creation of the common law was largely the result of the assimilation of existing customary law, in Ireland the common law was imported from England supplanting the customary law of the Irish. This, however, was a gradual process which went hand-in-hand with English (and later, British) influence in Ireland. As with any common-law system, the Irish courts are bound by the doctrine of ''
stare decisis Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
'' to apply clear precedents set by higher courts and courts of co-ordinate jurisdiction. The main exception to this rule is that the Supreme Court has declared itself not to be bound by its own previous decisions. While the doctrine clearly means that the present High Court is bound by decisions of the present Supreme Court, it is not altogether clear whether the decisions of courts which previously performed the function of courts of last final appeal in Ireland – such as the British
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
– bind the present High Court. In ''Irish Shell v. Elm Motors'', Mr Justice McCarthy doubted that decisions of pre-independence courts bound the courts of the state, stating that " no sense are our Courts a continuation of, or successors to, the British courts." However, the other two judges on the panel hearing the case declined to express an opinion on the matter as it had not been argued at the hearing of the appeal. Post-independence judgments of the British courts, and all judgments of the American and
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
courts, as well as some judgments of courts in
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, are of persuasive value only and do not bind the courts of Ireland.


European Union law

The ''European Communities Act 1972'', as amended, provides that treaties of the European Union are part of Irish law, along with directly effective measures adopted under those treaties. It also provides that government ministers may adopt statutory instruments to implement European Union law and that as an exception to the general rule such statutory instruments have effect as if they were primary legislation.


International law

Ireland is a dualist state and
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
are not part of Irish domestic law unless incorporated by the
Oireachtas The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
. An exception to this rule might well be the provision in the constitution which says that "Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States." However, while this provision has been held to assimilate the doctrine of sovereign immunity into domestic law, the Supreme Court has held that the provision is not capable of conferring rights on individuals. The dualist approach in international law contained in the Irish Constitution allows the state to sign and ratify treaties without incorporating them into domestic law. Thus, while Ireland was one of the first states in Europe to ratify the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, it was one of the last to incorporate the Convention into domestic law. And when done it was not directly incorporated into Irish law but given indirect, sub-constitutional, interpretative incorporation. In '' Crotty v. An Taoiseach'', the Irish Supreme Court asserted a power to review the constitutionality of treaties signed by the state, such that the government could be prevented from signing international agreements which would be contrary to the constitution. This ruling has resulted in ''ad hoc'' amendments to the constitution to permit the state to ratify treaties that might otherwise have been contrary to the constitution.


See also

*
Irish Statute Book The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.
* Legal systems of the world *
Courts of the Republic of Ireland The Courts of Ireland consist of the Supreme Court of Ireland, Supreme Court, the Court of Appeal (Ireland), Court of Appeal, the High Court (Ireland), High Court, the Circuit Court (Ireland), Circuit Court, the District Court (Ireland), Distri ...
**
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
** High Court ** Special Criminal Court * Northern Ireland law


References


Further reading

*


External links


Government


Irish Statute Book



Find Bills and Acts

Office of the Attorney General of Ireland


Other


Irish Law Site at UCC



Guide to Irish Law, 2001
LLRX
The Irish Legal Information Institute

The British and Irish Legal Information Institute
{{DEFAULTSORT:Law Of The Republic Of Ireland Common law offences in Ireland