Intro to Law

1. Intro to Law

2. SLOs

3. Functions of Irish law • Body of rules imposed by a state to regulate human conduct for the common good • The court interprets these rules, passes a sentence or makes a ruling, or an award for compensation • The law changes and develops • It is intertwined with society and the economy

4. Sources of Law • Historical sources – common law and equity • Legal sources • Legislation • Subordinate legislation • Constitution 1937 • EU Law • Precedent

5. Historical sources • Irish law is derived from the English system • Replaced Brehon law • Since Free State 1922 and Constitution 1932 it has developed its own character

6. LegaL Sources of Law • Legislation • Made by the oireachtas • The oireachtas consists of 2 houses: DáilEireann and SeanadÉireann and the president

7. Bills – 5 stages • Title - Dáil or Seanad place the title of the bill before the house – pass or defeated • Second Reading - Bill gets a second reading and minister explains it • Committee stage - Bill goes to committee stage (entire house) or standing committee (includes experts) if of a technical nature. Bill may be amended • Report stage – further/final amendments may be made. • Final Reading – the bill is presented is passed by both houses and presented to the president for signature. The president publishes a notice in the Official Gazette stating the bill has become law

8. Legislation and the constitution • If a statute is found to be repugnant to the constitution it can be declared invalid in the High Court

9. Interpretation of Legislation • Judges interpret the law • They use 3 guidelines • The literal rule – give words their usual meaning • The golden rule – avoid absurd or inconsistent result • The Mischief rule – if law passed to remedy a mischief, interpretation must remedy the mischief

10. Subordinate legislation • Oireachtas delegates power to make laws • Ministers • Local Authorities – bye laws • Other bodies • May be challenged as Ultra Vires is goes beyond powers • Scrutinised by the Seanad Select Committee on Statutor Instruments

11. The Constitution • BunreachtnahÉireann 1937 • The highest law of the land – save EU law • Referendum required to amend the constitution • Regulates the nation, the state, the government, president, citizen, the courts • http://www.taoiseach.gov.ie/upload/static/256.htm

12. The constitution 34-37 The Courts 38-39 Trial Of Offences 40-44 Fundamental Rights Personal RightsThe FamilyEducationPrivate PropertyReligion 45 Directive Principles of Social Policy 46 Amendment of the Constitution 47 The Referendum 48-50 Repeal of Constitution of SaorstátÉireann and Continuance of Laws 1-3 The Nation 4-11 The State 12-14 The President 15-27 The National Parliament Constitution and PowersDáilÉireannSeanadÉireannLegislation 28 The Government 28A Local Government 29 International Relations 30 The Attorney General 31-32 The Council of State 33 The Comptroller and Auditor General

13. Preamble • In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred, • We, the people of Éire, • Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial, • Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation, • And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, • Do hereby adopt, enact, and give to ourselves this Constitution.

14. Think of Lybia and their rebellion against the Gadaffi regime. • How might the rebel leaders go about restoring law and order and establish new foundations for their state?