Introduction to the Irish Legal System: Structure, Sources, and Key Concepts

Posted on Oct 2, 2024 in Law & Jurisprudence

What is Law?

Law is a set of rules imposed by a higher authority, applicable to a defined group, and directed at regulating the activities of that group. It is enforced by a judicial system.

Subdivisions of Law:

  • Systemic vs. Substantive
  • Public vs. Private
  • Civil vs. Criminal
  • Codified vs. Precedent-based

The Constitution

  • Article 15.2.1: Grants the Oireachtas (Irish Parliament) the legislative power.
  • Article 28.2: The executive power of the State shall be exercised by or under the authority of the government.
  • Article 34: Establishes the framework for the courts.

Access to the Courts

  • Locus Standi: A person has standing to bring a case when their rights have been infringed. You cannot bring a case on behalf of third parties (jus tertii).
  • Res Judicata: A matter that has been settled by the courts will not be heard again.
  • Limitation Periods: Restrict the time available to initiate legal actions.
  • Financial Restrictions: The general rule is that “costs follow the event,” meaning the loser pays the winning party’s costs. The court may require security for costs.
  • Criminal Legal Aid: Free if the client passes the means test.
  • District Court Legal Aid: Granted when the charge is serious or when it is in the interest of justice. Factors considered include the severity of the sentence, personal circumstances of the accused, and mental health of the accused.

Sources of Law in the Irish Legal System

  • Written: e.g., the Constitution
  • Unwritten: Principles such as equity

The Irish legal system is based on common law and is similar to that of the UK and many former British colonies.

Unwritten Sources of Law

Include principles and decisions of judges that relate to decided cases.

1. Hierarchy of Law

  1. Law of the European Union
  2. The Constitution
  3. Legislation (Acts of the Oireachtas)
  4. Delegated/Secondary Legislation

Damages / Maxims of Equity

  • He who comes to equity must come with clean hands: Equitable relief will be refused if the plaintiff is dishonest or acting unfairly.
  • He who seeks equity must do equity: The plaintiff must treat the person who did not receive the relief fairly in the future.
  • Equity will not suffer a wrong to be without a remedy: Equity offers alternative remedies such as specific performance or injunctive relief.
  • Equity looks on that as done which ought to have been done: When individuals are legally obliged to complete agreements or contracts, equity considers the acts to have been done as they should have been done.

Introduction to the Constitution

  • The 1937 Constitution (Bunreacht na hÉireann): Takes precedence over all other types of law.
  • There is a legal presumption that Acts of the Oireachtas are constitutional. However, Acts can be tested by the courts and will be invalid if found to be unconstitutional.

Constitutional Rights

1. Enumerated Rights:

  • The right to a fair trial in due course of law (Article 34.1)
  • The right to inviolability of the dwelling (Article 40.5)
  • The right to liberty (Article 40.4)
  • The right to freedom of conscience and the free practice of religion (Article 44)

2. Unenumerated Rights:

  • The right to work and earn a livelihood
  • The right to bodily integrity
  • The right to privacy

Week 1

1. Another word for Ireland, another word for the State of Ireland

Éire is another word for Ireland in Irish. The State of Ireland is also formally known as the Republic of Ireland.

2. What does liability mean?

Liability refers to the legal responsibility of a person or entity for their acts or omissions. It implies the obligation to compensate for damages or injuries caused, whether through negligence or breach of contract.

3. List five important constitutional provisions

  • The right to equality before the law
  • The right to life (Article 40.3.3)
  • Freedom of expression (Article 40.6.1)
  • Protection of the family (Article 41)
  • The right to education (Article 42)

4. What year was the Constitution introduced and what is it called?

The Constitution of Ireland, known as Bunreacht na hÉireann, was introduced in 1937.

5. What is the doctrine of non-justiciability?

The doctrine of non-justiciability establishes that certain political or governmental issues are not appropriate to be decided by the courts, as they fall outside the judicial jurisdiction. Courts cannot intervene in areas that belong to other branches of government.

6. Describe what the separation of powers means

The separation of powers is a constitutional principle that divides the functions of government into three branches: the Executive, the Legislative, and the Judicial. Each branch has its own area of responsibility to prevent the abuse of power and ensure a system of checks and balances.

7. What is the 34th amendment to the constitution about?

The 34th amendment to the Constitution of Ireland legalized same-sex marriage. It was approved by referendum in 2015.

8. What does locus standi mean?

Locus standi refers to a person’s right to bring a case before a court. It means that the person must have a direct interest in the case or have been affected by the law or action they are challenging.

9. What is the proportionality principle?

The proportionality principle implies that any measure taken by the State must be appropriate, necessary, and balanced. There should be a fair relationship between the legitimate objective being pursued and the means used to achieve it.

10. What is the difference between enumerated and non-enumerated rights?

Enumerated rights are explicitly mentioned in the Constitution, such as the right to life or freedom of expression. Non-enumerated rights are those not specifically mentioned but have been recognized by the courts as fundamental, such as the right to privacy or personal autonomy.

11. Describe the hierarchy of laws in Ireland

The hierarchy of laws in Ireland is as follows:

  1. The Constitution of Ireland (Bunreacht na hÉireann)
  2. Primary legislation (Acts passed by Parliament)
  3. Secondary legislation (regulations and orders)
  4. Jurisprudence (court decisions)
  5. EU law (where applicable)

Week 2

1. Describe the hierarchy of the courts – DC, CC, COA, SC, SCC, etc.

The hierarchy of the courts in Ireland is as follows:

  • Supreme Court (SC): The highest judicial authority
  • Court of Appeal (COA): Hears appeals from the High Court
  • High Court (HC): Deals with significant cases and appeals from the Circuit Court
  • Circuit Court (CC): Mid-level jurisdiction for both civil and criminal matters
  • District Court (DC): Limited jurisdiction over minor civil and criminal cases
  • Special Criminal Court (SCC): Used for certain serious offenses without a jury

2. Which are the lower courts and which are the higher courts?

  • Lower Courts: District Court and Circuit Court
  • Higher Courts: High Court, Court of Appeal, and Supreme Court

3. Describe the jurisdiction of the District Court (DC)

The District Court has limited jurisdiction in civil, criminal, and family matters. It handles minor offenses, low-value civil disputes, and family matters such as protection orders and injunctions related to the welfare of minors.

4. Describe the legislative process

The legislative process in Ireland begins with the proposal of a bill in Parliament (Oireachtas), which consists of two chambers: the Dáil Éireann (Lower House) and the Seanad Éireann (Upper House). Key stages include:

  1. First Reading: Presentation of the bill
  2. Second Reading: General debate on the principle of the bill
  3. Committee and Amendment Stages: Detailed discussion and modification of the text
  4. Final Reading and Voting: If approved by both chambers, it is sent to the President for promulgation

6. Discuss access to the courts

Access to the courts in Ireland is constitutionally guaranteed but may be limited by factors such as the cost of litigation, the complexity of the judicial system, or delays in the system. Legal aid programs exist to assist individuals with limited resources.

7. What is the Statute of Limitations? Give examples

The Statute of Limitations establishes time limits within which a person can file a lawsuit. For example:

  • Personal Injury Cases: Generally 2 years
  • Contractual Cases: Usually 6 years

If the time limit is exceeded, the right to claim is lost.