Every New Law Should Replace An Old One?

Fighting Irish

Anyone agree? How often are laws reviewed to see if they are still needed?

dats_right

Sounds like yet another dumbo campaign that 'The "Oirish" Sun' would run. Populist nonsense.

Robbo

dats_right wrote: »

Sounds like yet another dumbo campaign that 'The "Oirish" Sun' would run. Populist nonsense.

We're getting closer and closer to legislating by premium rate text voting.

Fighting Irish

dats_right wrote: »

Sounds like yet another dumbo campaign that 'The "Oirish" Sun' would run. Populist nonsense.

OK so what happens in years to come when you can't pick your nose in public without getting arrested?

How does it work in Ireland, do laws(older ones) get reviewed every so often?

ps i don't read the sun, but think what you want :pac:

Fighting Irish

Robbo wrote: »

We're getting closer and closer to legislating by premium rate text voting.

I get what you're both saying, i just want to know about laws and how they work really.

maidhc

Fighting Irish wrote: »

Anyone agree? How often are laws reviewed to see if they are still needed?

Very valid point tbh. We get 30+ acts every year. That is 300+ acts in 10 years. Is it all necessay?

Possibly not.

Certainly some legislation has become incomprehensible and is competely unfathomable with the amount of amendments which have been made, e.g. Road Traffic, and taxation in particular. We got a Social Welfare consolidation act in 2005, which helped massively, but even that is outdated now.

I think legislators should be made amend a "code" such as is done in the US and Canada from what i understand (even though both are common law countries). And least then lawyers and citizens alike could point at a text and say "this is the law".

Tom Young

That is happening.

People who pick their noses in public should be put down.

Tom

EC1000

Fighting Irish wrote: »

Anyone agree? How often are laws reviewed to see if they are still needed?

It's not as simple as that. Every new law can not simply replace an old law - take for example a new piece of legislation governing an area which simply never existed before such as regulation of stem cell research. The massive advances in technology and science necessitate a greater amount of legislation.

johnnyskeleton

Fighting Irish wrote: »

OK so what happens in years to come when you can't pick your nose in public without getting arrested?

How does it work in Ireland, do laws(older ones) get reviewed every so often?

ps i don't read the sun, but think what you want :pac:

No, once a law is enacted it stays enacted unless repealed or found unconstitutional.

However, some very old non-statute laws fall into disuse, and if they are revived the courts will sometimes find that they no longer apply.

Jev/N

Fighting Irish wrote: »

Anyone agree? How often are laws reviewed to see if they are still needed?

The Law Reform Commission do it every so often, but the legislature don't always heed what they have to say in their reports.

New laws can't replace old laws all the time, there are new areas of law all the time and thus, you have to have novel legislation

History also has a big part to play in law in the fact that there are many better ways of approaching so many things in law but we have historically done them a certain way and change isn't preferred - it's the same with most things TBH, like driving on the left hand side of the road or the use of two-pronged plugs in other countries

HonalD

Jev/N wrote: »

History also has a big part to play in law in the fact that there are many better ways of approaching so many things in law but we have historically done them a certain way and change isn't preferred - it's the same with most things TBH, like driving on the left hand side of the road or the use of two-pronged plugs in other countries

Like the kph speed limits...................where there is a will, there is a way - it may not be perfect but that was fairly fundamental..........and the euro etc.

Fighting Irish

johnnyskeleton wrote: »

No, once a law is enacted it stays enacted unless repealed or found unconstitutional.

However, some very old non-statute laws fall into disuse, and if they are revived the courts will sometimes find that they no longer apply.

I see

maidhc

johnnyskeleton wrote: »

However, some very old non-statute laws fall into disuse, and if they are revived the courts will sometimes find that they no longer apply.

They apply unless repealed? Thus we have Quia Emptores, the Statute of Frauds, Deasys law and other such oddities to deal with.

It just crossed my mind in the pub while ago, didn't the Statute Law Revision Act 2007 repeal a lot of the old nonsense?

http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/acts/2007/a2807.pdf

johnnyskeleton

maidhc wrote: »

They apply unless repealed? Thus we have Quia Emptores, the Statute of Frauds, Deasys law and other such oddities to deal with.

You know, it almost sounds like you're agreeing with me. How odd.

maidhc wrote: »

It just crossed my mind in the pub while ago, didn't the Statute Law Revision Act 2007 repeal a lot of the old nonsense?

http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/acts/2007/a2807.pdf

Yes, including Magna Carta (ok, I know it is a minor magna carta act dealing with obstruction of waterways, but still, the government repealed magna carta, should we not be outraged?).

UrbanFox

They are still reviewing the law on ground rents and we don't need them !!!

There is also a periodical surge to purge just because a law is old. Just because a law is old it does not mean that it is bad. Refer to Gannon J. in MURHPY -v- ROCHE [No. 2].

Is murder still an offence contrary to common law ? If so, I reckon that it is worth holding on to that one !!!!!!!!

If this government was to start reviewing laws as well as they manage everything else we would, to use a technical legal term, be "bolixed".........:D

Victor

UrbanFox wrote: »

They are still reviewing the law on ground rents and we don't need them !!!

The Pembroke Estate might disagree with the abolition of ground rents (they are still perfectly valid on commercial property).

Fighting Irish

I think the only proper way to run something is to totally review it every 5-10 years