When given the task of discussing the sources of law in modern Ireland, two sub-categories always spring to mind. Firstly, the persuasive sources of law which do not always have to be followed. Contrasting with these are the binding sources of law, which are always enforceable. I will focus on and discuss the latter throughout this paper. I will compare and contrast the binding sources of law in the following categories; Common law, European law, Constitutional law, Legislation, Jurisprudence, Custom. “Sources of law are the legal origins of rules”, in my opinion, the most influential source of law in Ireland today is Common law. Although Brehon law preceded it, Common law is more apparent in our legal system today. Common law …show more content…
Ireland’s third Constitution, Bunreacht na hÉireann, “takes precedence over other, inferior, sources of law”. A basic example to demonstrate this in action today is that under Common law, English was Ireland’s first language. It states however in Bunreacht na hÉireann that Irish, not English is technically our first language and therefore the previous Common law is no longer binding. As I discussed earlier, the Treaty of Lisbon was rejected by the Irish people. This rejection was the result of a referendum, which has to take place if our Constitution is to be amended. I, as a 19 year old took part in voting in this referendum. Experiencing our Constitutional law in action made me realise that our progression from Common law to Constitutional law is more democratic. Legislation is law that is made in Ireland today by the Oireachtas. It is known as Statute Law. In theory there would be a scope for the legislators (the Oireachtas) to take advantage of this and enact any law they liked. In Ireland today, the legislators cannot enact a law that conflicts with our Constitution. The most recent example of Statute law in Ireland is the Intoxicating Liquor Act, where the legislators enacted a new legislation that restricts the times that liquor can be sold in supermarkets etc. Therefore, this law is binding on the Irish people today as it does not interfere with our Constitutional rights. Jurisprudence is “the theoretical analysis of legal issues at the
Every seven years the Secretary of State can initiate a referendum if she/he believes that a majority of people would vote for a United Ireland. Furthermore, if there is a majority for a United Ireland in Northern Ireland, then the government of the United Kingdom would have to allow it. Moreover, every citizen has the right to declare themselves as either British or Irish and, if they want it, a dual citizenship has to be provided. At last, by rephrasing Articles 2 and 3 of the Irish constitution the territorial claim over Northern Ireland will be abolished, the right of electoral consent is supported and the Irish laws will, instead of applying to all 32 counties, only apply to
One strength of the UK constitution is the flexibility that it has, for the reason that the constitution is uncodified or unwritten and is therefore not entrenched in law. Due to the fact that the UK’s constitution is uncodified or unwritten, it has an opportunity to modernise itself to the ever changing society or any other new circumstances that may arise. An example of the flexibility of the UK’s
Legislation is a law or act which has been enacted by a governing body. Legislation can have many purposes: to regulate, authorize, provide (funds), declare or to restrict. Legislations are important throughout any work environment and society as without them we are not protected from
Legislation is a law or a couple of laws made by the government and finalised by the parliament. The parliament decides whether the legislation is good enough or needs improvement.
Britain, to begin with, has no written constitution due to the country’s own constitutional structure’s stability. It remains uncodified, yet it’s legal sources stem from Acts of parliament, European Union law, equity and common law,. Therefore the varying powers of parliamentary sovereignty and the rule of law will be considered against these sources.
The paper confronts assumptions about the English and UK constitutional framework leading up to the Magna Carta and other documents that both lead up to, and follow it. Our constitution has roots in English common law and written law. Common law was in place and used before written laws were created. The Magna Carta was emplaced to end common law in England. The Manga Carta was the first written laws that shifted the English political system to something
In the UK, we do not have a legal system which is codified. Our laws are set out in a few sources, which consists of common law, legislation and EU laws and conventions. This means that there is not a document which sets out the laws which we must abide by. Alternatively, cases in legal history set a precedent for future cases indication the sentence or decision to give. In order for a bill to become a law it goes through a procedure called consideration. The bill is passed
Legislation is put in place to ensure the convention happens. Legislation is a set of laws passed by parliament. If these laws are broken, the individual that has done so may be charged with the crime.
The UK’s unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts much debate about the ease of which constitutional change can be introduced. A written constitution is, by definition and practice, hard to alter however it remains to be seen whether it is any easier to change an unwritten
“Parliamentary sovereignty is no longer, if it ever was, absolute” (Lord Hope). Discuss with reference to at least three challenges to the doctrine of parliamentary sovereignty. Parliamentary sovereignty is the concept that Parliament has the power to repeal, amend or create any law it wishes and therefore no body in the UK can challenge its legal validity. There are many people who would argue that this is a key principle to the UK Constitution, on the other hand, there are those who strongly believe that this idea is one of the past, and that the idea of the UK Parliament being sovereign is false. One of these people is Lord Hope, who said “Parliamentary sovereignty is no longer, if it ever was, absolute”. During the last 50 years there have been a variety of developments that have proved to be a challenge for the legitimacy of parliamentary sovereignty, and the ones which will be examined in this essay are: the devolution of powers to the Scottish Parliament; The United Kingdom’s entry into the European Union in 1973; and finally the power of judicial review. Starting with the devolution of powers, these challenges will all be evaluated when discussing whether or not the doctrine of parliamentary sovereignty applies to the United Kingdom. Westminster’s sovereignty has been gradually diminishing over time as varying amounts of power have been devolved to Northern Ireland, Wales and Scotland. In this essay, the devolution of powers to the Scottish Parliament will be
Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?
Legislation is the law that has been made and also enacted by a legal or another government body and it is used to regulate, proscribe and provide.
The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.
in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law
The United Kingdom (UK) is one of the longest living monarchies in Europe and has the longest Parliament. In legislative terms, the UK is a non-federal state that is composed of three countries (England, Scotland and Northern Ireland) and one principality (Wales) (Slapper & Kelly, 2008). Surprisingly, UK is one of the few countries that do not have a written constitution: however, UK has a body of law that is of constitutional significance. Furthermore, UK law is also not codified, process