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Revision as of 20:16, 1 July 2006
The Republic of Ireland has a common law legal system with a number of main sources of law as follows:
- Constitution of Ireland (Bunreacht na hÉireann)
- Primary legislation - Acts of the Oireachtas and pre-1937 legislation
- Secondary legislation - Statutory Instruments
- Case law
- European Union law
- International law
Constitutional law
The state became independent in 1922 as the Irish Free State, its constitution the Constitution of the Irish Free State, carried all previous British, United Kingdom, English and Irish law forward into law insofar as it was consistent with the Constitution. In 1937 a new state (officially named "Ireland") was established under a Constitution adopted by the People in a referendum on 1 July 1937, the Constitution of Ireland. All previous law was again carried forward at this time, under Article 50 of the Constitution, subject to such law being consistent with the Constiutution, with it being left at the discretion of the Oireachtas to reform these laws.
Primary legislation
The statute law of Ireland consists of the following major sources
- Acts of the Oireachtas of Ireland 1938-date
- Acts of the Oireachtas of Saorstat Eireann 1922-1937
- Pre-independence legislation (Irish, English, British or UK) which has been carried forward by the Constitution.
As a common law jurisdiction Irish legal practice shares much in common with British practice. Typically Acts of the Oireachtas have a long and short title as well as an enacting formulae. The President of Ireland must sign all bills into law as passed by the Houses of the Oireachtas, subject to a number of limited powers to decline signing. Generally this means referral to the Supreme Court but does include other methods of referral not yet invoked.
The Irish Statute Book in its broadest sense is the total of all laws which are applicable to the Republic of Ireland at this time, these include all British, English and Irish laws made over the centuries which applied to Ireland. All primary and secondary legislation enacted since 1922 have been made available for free access to all via the internet by the Office of the Attorney-General of Ireland.
Charters and similar instruments adopted during British rule are often regarded as having statutory effect, where still in force.
Secondary legislation
Statutory instruments are provided for by the Statutory Instruments Act and cover the period 1948 to date. Prior to that date provision was made for statutory rules and orders. Pre independence statutory rules are also regarded as part of the law, unless revoked or otherwise terminated. Statutory instruments cannot introduce new principles and policies but merely give effect to the principles and policies of the parent Act.
Caselaw
The Supreme Court is the court of final appeal within the State. The Court of Criminal Appeal, Courts Martial Appeals Court and High Court are the other Superior Courts, and the Circuit Court, Special Criminal Courts and District Court are the other courts of the State.
EU Law
The European Communities Act 1972 as amended provides that the EC and (to a lesser extent) EU treaties are in general part of Irish law. Any court or tribunal in the State may refer a question to the European Court of Justice.
International law
Under the Constitution, while the state is guided by the generally recognised principles of international law, treaties are not part of the law unless provided for by the Oireachtas. An example is the European Convention on Human Rights Act 2003.
Under the European Convention on Human Rights Act 2003, the European Convention on Human Rights has a specified legal effect in the State. While applications can be made to the European Court of Human Rights following final judicial decisions, that court is not part of the Irish legal system as such, and nor is the UN Human Rights Committee or other such bodies.
See also
External links
Government
- Irish Statute Book
- Acts of the Oireachtas in Irish and English
- Office of the Attorney General of Ireland