Law and ethics 2 b sources of law in ireland

1. Law and Ethics
2B Sources of Law in Ireland

2. Slides
Discussion
Groupwork

3. 4 Main Sources of Law

4. 4 Main Sources of Law
1. The Constitution
2. Legislation (made by the
Oireachtas)
3. Case Law (made by the Courts)
4. EU Law (made by the EU
Institutions)

5. Legislation
- Passed by the
Oireachtas
- Must be compatible
with the
Constitution
- Right to challenge
the
constitutionality in
the courts
- If it conflicts with
the Constitution

6. Legislation consists of primary and
secondary legislation

7. Primary Legislation
- Laws enacted by the
Oireachtas in the form
of Acts
- There are public acts
that affect us all e.g.
the Sale of Goods and
Supply of Services Act
1980
- And there are private
acts such as Limerick
Markets Act 1992 that
affect only an
individual or
institution

8. Principal and Amending
Acts
Principal Acts create new laws
Amending Acts change or expand
principal acts
Principal
Acts
create
new laws

9. Amendment
Acts
- Rationalises,
amends or
changes
principal acts.
- Consolidating
legislation
collects
existing laws in
one place but
doesn’t have to

10. Codifying legislation is
the practice of bringing
these laws together
and putting common
law in statute.

12. Delegated or
Secondary
Legislation
When the Oireachtas
delegates legislation to
another body, such as a
government minister,
statutory agency or a
public or local authority
1. Orders e.g. adding or
removing a substance from
the Misuse of Drugs Act
2. Rules establishing
procedures e.g. in Court
3. Statutory Provisions to give
effect to an Act e.g. the
smoking ban
4. Byelaws e.g. Dublin Bus
creates own fines
5. Regulations e.g. maternity
protections / breastfeeding

13. Secondary legislation doesn’t require
Oireachtas approval!

14. Advantages of
delegated
legislation
- Efficiency
- Allows for
involvement
of experts

15. Disadvantages of
Delegated
Legislation
- Allows for very
large volumes of
complex laws to
be made without
being subject to
public scrutiny
- Laws can change
in that area and
the public will
not know

16. Case Law and Precedent
Ireland is a common law legal system ( recognises case-law as
capable of setting legal precedent)
Oireachtas is not the only law-making body; decisions made by
judges on new areas of law effectively become law (Case Law)
Almost as important a source of law as legislation
If there is a conflict (rarely) between case law and
legislation, the latter will prevail.

17. Precedent is a
Legal Principle
Usually created when the existing
law is ‘silent’ on the matter or
where the legislation is
unclear or ambiguous.
Establish a principle
of law (commonly referred to as a
precedent) which must be applied
by lower courts in future cases.

18. Stare Decisis
In Latin ‘stare
decisis’ means
stand by your
Decision.
Means that a
previous decision
of a higher court
binds a lower
court.

19. Ratio Decidendi
One part of the
judgment and means
the reason for the
decision.

20. Obiter Dictum
Another part of a judgment
is obiter dictum (or dicta)
and means something said “by
the way.”
It’s important to note that
it is the ratio decidendi
that forms the precedent
binding the lower courts.
This applies when the case
facts are similar unless a
case is overturned or in
criminal law where it
wouldn’t be in the interest
of justice.

21. Advantages of precedent as a source of law
Consistency: the same principles = consistent decisions
Certainty: binding precedent = some certainty as to the
outcome of their case
Efficiency: enables judges to make new laws in reaction to
particular circumstances arising from
recent developments in society

22. Disadvantages of precedent as a source of law
Inflexibility: forces courts to follow previous decisions
Unfairness: a judge may create an unfair precedent that must
then be followed by other courts
Unclear: binding decisions may be unclear or the wording
ambiguous forcing the judges to spend time deciphering the
law.
Vast numbers: many decisions become case law and there is the
possibility of two conflicting precedents being created.

23. Practice Questions

24. European Law

25. EU Law
Ireland accepts primacy of
EU law above the
Constitution and
legislation.
EU law cannot be
invalidated by the
Constitution.
Irish Courts are obliged to
recognise the supremacy of
EU law.

26. Creation of the EU
European Union (formerly known as the European Community),
established by six European countries (France, Germany,
Italy, Belgium, Luxembourg and the Netherlands) after signing
of The Treaty of Rome 1957
The goal was economic integration and a free market for the
provision of goods and services throughout the EU.
Ireland joined the European Union in 1973 with the signing of
the European Communities Act 1972.

27. European
Legislation
Primary legislation =
combined Treaties
Secondary legislation
= derives from
Treaties, regulations
and directives and EU
decisions.
European
Treaties are
considered the
constitutional
law of the EU.

28. Six European Treaties
1. Treaty of Rome 1957 - founded the Economic Community, a free market
and the european institutions.
1. Single European Act 1987 - advanced European economic and political
integration, removed trade barriers between member states to reduce
competition and increased voting powers of the European Parliament
1. Maastricht Treaty 1993 - replaced Community with Union (EC to EU),
created policies to enhance economic and political integration,
created ‘European citizenship’, establishment of the process for
implementation of a ‘single European currency.’

29. 4. Amsterdam Treaty 1997
- involved policies on social integration, including immigration,
public health, equality and employment. Implemented a national
employment policy to tackle the problem of unemployment in member
states. Set goals for employment.
5. The Nice Treaty 2001
- Did not introduce new policies, but amended existing policies in
previous Treaties, to cater for the enlargement of the EU from 15
to 25 member states, and now 28 member states. Included changes on
how power will be divided between the EU institutions after
enlargement.
6. Lisbon Treaty 2009
The purpose of this Treaty was to make the European Union more
democratic by raising its standards on accountability, transparency
and participation. It makes the EU Charter for Fundamental Rights,
which lists the human rights recognised by the Union, a legally
binding document.

30. Secondary
Legislation
Regulations and Directives

31. Regulations
- Immediately binding and directly applicable on all member
states without need for individual member states to
create new laws and legislate.
- If there is a conflict between national law and a
Regulation, the Regulation prevails.

32. Directives
- Instructions by the EU to all member states to legislate on a
particular area of law within a specified timeframe.
- Lays down the objective and timeframe.
- Oligation to adapt national laws or adopt new national
legislation
- Although the Directive is binding (as with a Regulation) it is
not directly applicable to everyone as each member state must
implement their own national legislation.
- The European Court of Justice has the power to impose a fine on
member states for failure to adapt etc.

33. Practice
Questions

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