‘Write a Short Essay Critically and Concisely Discussing the Binding Sources of Law in Modern Ireland.’

This text is a political speech that Daniel O`Connell, one of the fathers of the Irish Republic, gave at the House of Commons in London in 1836. The aim of O’Connell’s speech was to get equal justice for the Irish people as members of the British Crown, and in the same way that by that time the Scottish, English and Welsh people already had. The majority of the Parliament’s members were protestant and reluctant to give Irish Catholics more rights than they already had.

During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the common law have known in public as customary law. In this assignment, me the author will describe the development of the UK system of common Law and Equity. Arguments about judge’s role in the development of legal principles will be made.

Horrigan, B, _Adventures in Law & Justice: exploring the big legal questions in Everyday Life_, Lawbook Company, Sydney, 2003

Laws in today’s society have undoubtedly been influenced by those between the sixteenth and eighteenth centuries in Europe. Striking similarities can be found between both legal systems. For this reason, it is important to analyze these influences to better understand our own laws and practices. I will be focusing on what the laws were, why they were created, how they were enforced, how they affected society, and how religion significantly influenced them. The

Due to the poor law system, the Irish people weren’t pleased with their government and also with the trading system. With the bad economy the Irish thought that if they separated from Great Britain that they will achieve more as an independent country. The Irish Parliament, through corrupt practices, kept the British interest to unite Protestants and Catholics against the corrupt legislature. The British saw the inability of the people of Ireland to govern themselves when the Fenians requested for the Irish to govern themselves. The British Parliament looked down on the

Some legal positivists such as Hart argue that legal validity is dependent upon the sources it derives from, rather than its moral substance or legally valid norms. This viewpoint falls under the sources thesis, which focuses on the rule of recognition, which tells us where a law arises from, rather than the separation thesis, where content is essential to legal validity. Officialdom is crucial to Hart’s understanding of a legal system, as it is the officials’ responsibility to accept and apply the rule of recognition. Hart consequently reasons a rule of law will be legally valid, so long as it conforms to the requirements of the rule of recognition. However in accordance with legal validity, when legal sources are concerned, the dimension of legal validity is formal validity, this tends to concede with a ‘successful enactment’ using law-making procedures. Whereas legal norms fall under ‘material validity’ as they are a matter of interpretation, this plays a significantly limited role. Moreover Hart, rightly argues there is a tendency for judges to refer to law as what it ‘ought to be’, which reduces discrepancy between law and morality. The ‘model of interpretation’ on what the law ‘ought to be’ arises, yet Hart argues one should not implicate a judgement in morality, but instead one should suggest a reflection of criticism, which may or may not have moral connotations. Additionally the open texture of law, thanks to the rule of adjudication allows officials to

This paper will examine both H.L.A Hart and Ronald Dworkin’s position in the theories of law and will try to determine who has won the ‘famous’ debate between the two. Having considered both sides of the argument, I would have to say that Ronald Dworkin’s argument was better than H.L.A Hart’s argument.

It’s important to understand how judges come to their decisions, as it can often be more than just simply applying legal principles to get to the relevant solution. It is common for there to be many potential outcomes to a case, and these outcomes shape the way in which laws shift and change thus having a profound impact on society as a whole- our laws are what define our civilization, values, beliefs, and morality. As Lord Dyson stated: “The business of judging often involves a choice between different conclusions, any of which it may be possible to reach by respectable legal reasoning. The choice made is likely to be motivated at a far deeper level by the judge’s own approach to the law”. This essay will cover the role of reasoning in judicial decision-making; how it allows judges to interpret statute and precedent, as well as leading the way for reform and the establishing of new case law. It will also cover the limitations of reasoning, some of which help keep the balance of power in check- Such as binding precedent and the rule of law, as well as other subconscious factors that may influence a judge’s ability to use reason when making a decision.

It would be reasonable to assert that the political culture in Ireland has changed radically over the past three decades. To explore this we must take into account that Ireland was a sovereign independent democratic country built on a Constitution that gave the Irish electorate control over its government representatives. This was carried out by means of democratic election.

In this section of my essay I will discuss Irish education system, the learning of Irish,

There was no system of law in England and Wales before 1066, as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However, in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to be the main sources of law today. Decisions made by the judges are also essential today as they interpreted Parliamentary law where there was no statue law. During the twentieth century statue law and judicial decisions continued to be the major

You are a consultant in International Dispute Resolution. You are asked to prepare a report analysing whether and why it may be necessary to alter Article 31 (Provisional and Protective Measures) of Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters.

This essay concurs with Justice Kirby’s statement that with the increasing in number and importance of the statute law, the precedent has less impact on daily legal basis base on the following presumption that “the legislation is the cornerstone of modern legal system”. Nowadays both daily life and legal practice build up an orbit around the statute law, as the increasing of executive power intervention in the social and economy activities by legislate the regulations. When the statute enacts, its also form the network which involve many organizations in many level of the society. Moreover, it has influence legal practitioner to shift their approach to the law. Lastly, the increasing of significance international law is related to the reduction of significance of precedent.

The topic of the influence of foreign and cooperative law in the legislation process has widely been investigated by several scholars. This is basically done in order to understand how various parliaments use the foreign and comparative law in drafting, discussing and approving new legislations. It is not by chance that a lot of focus has been put in this particular aspect of law but due to the importance of the practice. The application of comparative law in legislation is something that has been in existence for a long time now . Legislators from various regions of the world have always found it hard to come up with certain legislations without

We speak of legal precedent when a decision of a court is an obligatory authority required for the same court and others of equal or lower rank. LaMorte (2002) noted that doctrine of precedent arose in the common law legal system. It is currently outstanding in all legal systems given the importance of court decisions, not only in its own field (the application of law) but to the extent that it has relevance as a formal source of law. Analysis of legal precedent has special complexity since the following dimensions are involved: the objective dimension related to what is effective of precedent, and that leads us to distinguish between ratio decidendi and obiter dicta. They are concerning the structural dimension to constitute precedents decisions with regard to a further decision. The institutional dimension related to the organization of courts and the relations of authority between them.