Pre-independence legislation

Victor

If a piece of pre-independence legislation still exists, can it be considered in any way tainted by virtue of being pre-independence. Surely it all still stands and stands equally, unless the Oireachtas decided otherwise or there was a time limit contained within it?

Sure they might be piece of legislation that may be irrelevant or indeed repugnant to the constitution, but they still stand until knocked, yes?

imme

there's ancient stuff still knocking around, have a look at this
http://www.irishstatutebook.ie/about.html
some back to the 1200's:eek:

evercloserunion

The 1937 Constitution carried over all laws from ye olde days insofar as they were not repugnant to the 1937 Constitution. So all pre-1937 legislation which has not been repealed and which is not repugnant to the 1937 Constitution stands. Which is the exact same as with post-1937 legislation.

Reloc8

Victor wrote: »

If a piece of pre-independence legislation still exists, can it be considered in any way tainted by virtue of being pre-independence. Surely it all still stands and stands equally, unless the Oireachtas decided otherwise or there was a time limit contained within it?

Sure they might be piece of legislation that may be irrelevant or indeed repugnant to the constitution, but they still stand until knocked, yes?

Eh yeah sorta.

A lot of older stuff has been explicitly repealed (See Statute Law Revision (Pre-1922) Act 2005, Statute Law Revision Act 1983, Statute Law (Pre-Union Irish Statutes) Act 1962).

If not explicitly repealed then yes they stand until knocked, and are then considered to have been void since the constitutional hurdle which it is found not to have jumped was enacted, be it the 1922 Free State or the 1937 Constitution, hence my 'sorta' comment as in theory if found repugnant they did not survive those enactments and so never applied following the relevant date.

Victor

The piece I'm thinking of wouldn't be repugnant.

Reloc8

Then unless dealt with in one of those acts it is still knocking around and considered law.

r14

Don't forget if it's pre-1937 the presumption of constitutionality doesn't apply so it's easier to "knock" the law. eg the CC case and the Criminal Law (Amendment) Act 1935.

Just be sure the law you're thinking of is watertight as it is inherently easier to challenge.