ESSAY

Essay

Essay

Introduction

The sources of Irish law reflect Irish history and the various parliaments whose law affected the country down through the ages. Notable omissions from the list include laws passed by the first and second Dáil, and the Brehon Laws which were traditional Celtic laws, the practice of which was only finally wiped out during the Cromwellian conquest of Ireland. These latter laws are void of legal significance and are of historical interest only.

Doctrine of Primary Legislation

The law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system 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, a developed system of constitutional rights and judicial review of primary legislation. Some important elements of primary legislation of Ireland are as follows:

The licensing system safeguards the conservation and welfare of wild animals but provides a way to allow action to be taken when necessary. Schedules of importance to planning are Schedules 1, 5, 8 & 9. Schedule 1 lists species of wild birds which are protected by special penalties e.g. Hen Harrier, Barn Owl and Yellow Wagtail. It is against the law to kill or injure any wild bird, disturb a nesting bird and destroy, damage or take bird nests & eggs. Schedule 5 list of 17 native species that are protected at all times e.g. Badgers and Newts

It is against the law to kill or injure, capture or keep, destroy damage or obstruct access to their place of shelter and disturb the animal while using its place of shelter

Schedule 8 protects native wild plants e.g. Water Crowfoot, Purple Saxifrage. It is against the law to intentionally pick, remove, uproot or destroy a plant on the list

Schedule 9 controls the release of invasive and / or non-native species, making it an offence to release any wild bird or animal if it is not normally resident or visits here regularly

Part I lists animals established in wild but that should not be released e.g. Mink, Grey Squirrel

Part II lists plants established in wild that should not be introduced e.g. Japanese Knotweed, Giant Hogweed. (Forde1987 223)

Ireland is a dualist state and treaties are not part of Irish domestic law unless incorporated by the Oireachtas. 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 have held that the provision is not capable of conferring rights on individuals.

Constitutional Rights

Ireland is a parliamentary democracy. The National Parliament (in the Irish language, Oireachtas) consists of the President (an tUachtarán) and two Houses: a House of Representatives (Dáil Éireann) ...