Sources of Irish law

CO19

Hi,
Don't know whether this is the right place to post this so if it's not mod's can you please move it to the correct one ,thanks

Well I'm looking for information on the sources of Irish Law all I can find is tiny little bits and pieces scattered all around but nothing concrete .
So I'm just wondering does anybody here know where I could get some good detailed info on them ?
Thanks for any replies

johnnyskeleton

There are four main sources of Irish law:

1) The Constitution
2) EU law
3) Statute law (including statutory instruments)
4) Common Law & case law precedent.

CO19

johnnyskeleton wrote: »

There are four main sources of Irish law:

1) The Constitution
2) EU law
3) Statute law (including statutory instruments)
4) Common Law & case law precedent.

Thanks for that don't suppose you know where I could get some info on them ? I've tried wikipedia and there only a line or 2 on each .

johnnyskeleton

CO19 wrote: »

Thanks for that don't suppose you know where I could get some info on them ? I've tried wikipedia and there only a line or 2 on each .

1) Constitution - see www.constitution.ie for text and some official publications

2) EU law - see www.europa.eu (I'm not sure if that is the exact text but you can google) for EU laws

3) Statute law - see www.irishstatutebook.ie & www.oireachtas.ie

4) Case law & precents - see text books on Irish law or go to www.courts.ie and the judgements section for the most up to date judgements.

CO19

johnnyskeleton wrote: »

1) Constitution - see www.constitution.ie for text and some official publications

2) EU law - see www.europa.eu (I'm not sure if that is the exact text but you can google) for EU laws

3) Statute law - see www.irishstatutebook.ie & www.oireachtas.ie

4) Case law & precents - see text books on Irish law or go to www.courts.ie and the judgements section for the most up to date judgements.

That's brilliant thanks a million for that

maidhc

johnnyskeleton wrote: »

4) Case law & precents - see text books on Irish law or go to www.courts.ie and the judgements section for the most up to date judgements.

www.bailii.org has a superior collection of caselaw as well as everything that is on courts.ie

johnnyskeleton

maidhc wrote: »

www.bailii.org has a superior collection of caselaw as well as everything that is on courts.ie

I agree, but I don't like bailii. Also, for all decisions other than in the last few months, justis is yer only man.

hada

You may also cite (refer to) jurists (academics) which form a persuasive (but not completely binding) opinion for some judges in particular case law (think Wylie for Land Law).

You would only mention that briefly however.

Also another persuasive source of Irish law is that of the European Court of Human rights, from which the European Human Rights Act 2006, draws from the European Convention of Human Rights (the basis for the European Ct. HR's decisions).

Finally, because we operate, at least broadly speaking, under the same system (common law system) as the UK, USA (minus two states), Australia, etc, judges often times are heavily influenced by judgments made by their common law counterparts in other jurisdictions. I'm aware that this comes under Johnny's post, but it might just be a little less obvious and therefore easy to omit!

Dandelion6

hada wrote: »

we operate, at least broadly speaking, under the same system (common law system) as the... USA (minus two states)

Louisiana and which other?

Thirdfox

Is Ireland not bound by ICJ and ICC judgments/jurisdictions too?

Sources of law may come from international treaties (if self-executing). What's Ireland's position - we don't have the US style Supremacy Clause in our constitution...

maidhc

johnnyskeleton wrote: »

I agree, but I don't like bailii. Also, for all decisions other than in the last few months, justis is yer only man.

Out of interest, why?

The UI isn't particularly modern, but there is a superior spread of information on it, even compared to some fee paying services.

maidhc

Thirdfox wrote: »

Is Ireland not bound by ICJ and ICC judgments/jurisdictions too?

Sources of law may come from international treaties (if self-executing). What's Ireland's position - we don't have the US style Supremacy Clause in our constitution...

We have a dualist legal system. Internation law is irrelevant unless ratified by the state, and since McGee(?) we need to amend the constitution everytime we ceed any sovereignty.

maidhc

should also add:
www.irlii.org
and
www.legalperiodicals.org

Thirdfox

maidhc wrote: »

We have a dualist legal system. Internation law is irrelevant unless ratified by the state, and since McGee(?) we need to amend the constitution everytime we ceed any sovereignty.

But haven't we ratified the relevant ICJ protocols necessary to give it binding effect? So the ICJ should be a valid source of case law...

maidhc

Thirdfox wrote: »

But haven't we ratified the relevant ICJ protocols necessary to give it binding effect? So the ICJ should be a valid source of case law...

Well the ICJ would be binding on Ireland, but not in Ireland (unless with had an ICJ Act). I am open to correction on this though, it has been a while since I studied Public International law!

Thirdfox

If our government tomorrow decides to commit genocide in Ireland (against whom I wonder?) - surely an ICJ judgment would be binding on the state (of course a state that commits genocide isn't going to care about some ICJ judgment)... okay, change the scenario to torture - the IRA is reforming and planting bombs everywhere - our Gov starts waterboarding everyone - doesn't the ICJ have competence to issue a judgment prohibiting this action (if for example one of the waterboardees was an English person and England takes Ireland to court).

maidhc

Thirdfox wrote: »

If our government tomorrow decides to commit genocide in Ireland (against whom I wonder?) - surely an ICJ judgment would be binding on the state (of course a state that commits genocide isn't going to care about some ICJ judgment)... okay, change the scenario to torture - the IRA is reforming and planting bombs everywhere - our Gov starts waterboarding everyone - doesn't the ICJ have competence to issue a judgment prohibiting this action (if for example one of the waterboardees was an English person and England takes Ireland to court).

I can't answer your question directly, because I don't know anything about the ICJ, but I assume parallels can be drawn to the ECtHR. They have been giving judgment for many years, and are readily ignored.

I think the IMF and World Bank are the only international organisations taken seriously, because they can actually impose a sanction (not hand out money).

Thirdfox

Well the UNSC (security council) with its war-waging capabilities should probably be respected too

Hasn't Ireland been "good" at following the ECtHR? Norris v. Ireland being one example... and there is the difference that ICJ judgments are binding whereas a declaration of incompatibility with the ECHR doesn't obligate any positive action by the state (apart from damages?)

hada

Dandelion6 wrote: »

Louisiana and which other?

Puerto Rico is a civil law jurisdiction of the united states. apologies about calling it a state, but you get the idea!

johnnyskeleton

maidhc wrote: »

Out of interest, why?

The UI isn't particularly modern, but there is a superior spread of information on it, even compared to some fee paying services.

The UI mostly. I don't like the search engine if you are looking by topic rather than for a specific case. On a less rational basis, I don't like the printout and find them harder to read on the internet rather than say www.courts.ie. Having looked at it today, it looks like they are using the courts.ie format for recent decisions. Maybe I'll have another look at it.

Dandelion6

Thirdfox wrote: »

Hasn't Ireland been "good" at following the ECtHR?

Heaney v Ireland?

L1011

Thirdfox wrote: »

Hasn't Ireland been "good" at following the ECtHR? Norris v. Ireland being one example...

Taking 6 years to comply isn't particularly "good".

cson

Byrne & McCutcheon: The Irish Legal System may be of use to you if you can get your hands on a copy.