LAW

Primary Legislation, Constitutional Rights and the Role of EU Directives

Table of Contents

Introduction3

Discussion3

Doctrine of Primary legislation3

Constitutional Rights4

Role of EU Directives6

Conclusion7

Primary Legislation, Constitutional Rights and the Role of EU Directives

Introduction

The study is about the concepts of doctrine of Primary legislation, constitutional rights, and the role of EU Directives. All of these concepts are important to know as they make aware about the Irish law, besides it, these concepts helps the public in knowing and getting the legal right that an individual is provided by the Irish law.

Discussion

Doctrine of Primary legislation

The primary legislation is the highest ranking Irish law, that it takes precedence over all other sources of law. The Court has the task of enforcing this priority, such as actions for annulment and preliminary rulings. Primary legislation is law made by the Irish legislative branch of government. This contrasts with secondary legislation, which usually made by the executive branch. Secondary or delegated legislation must be authorized by primary legislation and conform to boundaries it has laid down.

In the Ireland, primary legislation takes the form of an Act of Parliament, besides it, in the European Union law, the founding treaties are the main primary legislation (Hunt, 2007, 7- 23). The doctrine of Primary legislation is the highest ranking law of the Ireland. It is at the forefront of Irish law and essentially comprises the Treaties establishing the European Union. The primary legislation is out of the Treaties of the European Union. These contracts include the formal and the substantive rules, which provide a framework for the execution of various policies of the institutions of the EU. The formal legal rules find out the distribution of powers between the Union and the Member States and regulate the powers of the institutions; the substantive rules defining the policies and the activities of the institutions within these areas (Doonan, 2007, 12-19).

Primary legislation consists of the founding treaties of the European Union and all subsequent acts and treaties on its adaptation and revision.

- It is the founding treaties of the EU

- It is the treaties amending the founding treaties of the EU

- It is the protocols annexed to the said agreements

- It is the related agreements, the changes in certain areas of the founding treaties provide for

- It is contracts for the accession of individual countries to the EU

Constitutional Rights

In political thought, after a long lull, constitutional rights are once again a renewed focus of interest. Political theorists now commonly opt to articulate social demands in terms of constitutional rights rather than, for instance, as a general utility or integrity of the body politic (Forde, 2004, 34-46). Constitutional right is a right or liberty whose protection from governmental interference is guaranteed by the constitution. The modern political theory locates the notion of “rights” at the centre of its debates. The liberal state and the constitutional theory have emphasized rights as the fundamental building blocks of the social order.

Constitutional rights are those included in the standard organizational charter and referred to a state constitution that considered critical ...