MAIN SOURCES OF LAW IN IRELAND

Main Sources of Law in Ireland



Main Sources of Law in Ireland

English and Irish Laws: A Brief Reflection

There are five sources of law in Ireland. The five sources are; common law, statue law, subordinates legislation, custom and European Community law. I will try to give some short explanations of all these all these sources of Irish law within the context of England and European Union (EU). There is a separate heading on the sources of Irish law after this discussion

Common law

Connolly (2002) mentions common law is the law as developed through the decisions of the judges. Its rules are developed through a series of cases decided by judges over a period of years. Sometimes this period may be fairly short when the law is developing rapidly, at other times development may take centuries. What constitutes the common law is not so much the actual decision in a particular case as the principles upon which that decision is based. Each case helps to develop the principle a little further (Connolly, 2002).

In deciding what does and does not form part of the common law it is necessary to consider the status of the court making the particular decision. Not only is there the distinction between the decision in the particular case and the principles upon which that decision is based, but there is also a distinction between the various levels of courts within the hierarchy of courts. From the level of Justices of the Peace sitting as a panel to the stipendiary Magistrate sitting alone. Some of which can and others of which cannot contribute to the common law. Only those courts of superior status can contribute to the common law. The superior courts start upwards from the High Court of Justice through the Court of Appeal to the House of Lords.

The decisions of the superior courts are considered by experienced members of the legal profession who decide whether or not a particular decision should be published and contribute to the common law. Those decisions are published in the series of books known as the 'Law Reports'. Not all decisions made by the higher courts are published in the Law Reports. If a decision does not develop the law further it is not published.

Statute law

Statute law is very prominent in the public mind although statute law takes third place after common law and subordinate legislation as a source of legal rules. Statute law is law produced by Act of Parliament in Britain. Ireland also follow the same. 'Act of Parliament' and 'Statute law' are interchangeable terms. Statute law is made by the Parliament itself when a new Act is needed. The intended Act has to pass through readings in each House of Parliament and then receive the assent of the Queen before it becomes a law (Taylor, 1995).

Subordinate Legislation

Subordinate legislation is legislation made under the authority of an Act of Parliament. Sometimes the statute is a mere skeleton and the major part of the legislation has to be ...