OUTLINE

OUTLINE



OUTLINE

Introduction

Law is one part of a set of processes, social, political, economic and cultural, which shape and direct the development of society. Like all other mechanisms the law seeks to govern human behaviour.

Case Law

Case law or 'la jurisprudence' has lesser significance and lacks the quality of enjoying in the force of law. Sources of law include Common law, Legislation, Constitution, E.C law, Custom, Canon and international.

Courts Operations

The courts currently in operation are the District, Circuit, High, Special Criminal, Court of Criminal appeal and the Supreme Court.

Constitution Articles

In the Constitution Articles 34 to37 provide a broad outline regarding the structure of the court system and in terms of legal validity whatever structures exist must conform to the basic framework established by the Constitution. Article 34 states that 'justice shall be administered in courts established by law by Judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as prescribed by the law, shall be administered in public'.

Judicial Function

Under the Constitution the judicial function is the third organ of government and consists of the interpretation of the Constitution and the law and its application by rule or discretion to disputes which arise between the State and the individual, and between individual and another individual.

Court and Justice System

Justice is to be administered in courts, established by statute law, by judges appointed in the manner prescribed in the Constitution (Article. 34) The President appoints judges of the ordinary courts. A judge cannot be a member of the Oireachtas, or hold any other position of emolument (Article. 35) and on appointment makes a constitutional declaration to 'duly and faithfully and to the best of his knowledge and power execute the office without fear or favour, affection or ill-will towards any man, and that he will uphold the Constitution and the laws.'

Old Courts Judges

The judges of the old courts, however, were maintained in the equivalent 'new' judicial offices, by virtue of the special 'new' judicial offices, by virtue of the special provisions of sub-sections 5, 17 and 29 of the Courts (Supplement Provisions) Act 1961. As these were technically fresh appointments, fresh declarations under Article 34.5 had to be made. Legal Aspects. Under the 'Courts and Court Officers Act, 1995', it states that a body of people, who identify and inform the government of the suitability of the people who are to be appointed to a judicial office.

Limits of Judicial Power

The courts have searched to identify the limits of judicial power with a view to avoid judicial breach on the legislative functions of the government. Very predictably, the legislate process itself has been recognized as being beyond the capacity of judicial review, other than in accordance with article 26- Wireless Dealers' Association v fair Trade Commission. The bench cannot interfere in the process of alter the Constitution.

Legislation

The courts, however, have discovered that some of the legislation is open to interpretation and thus rules were put in place so as to stop the ...