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How do laws get changed?

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  • 10-06-2011 11:42pm
    #1
    Registered Users Posts: 861 ✭✭✭


    As the title suggests how would someone try to have a law changed? Whats the process. Was just wondering about this the other day.:confused:


Comments

  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    It depends on what law the person wants changed for a start. Bye law, common law, constitutional etc.


  • Registered Users Posts: 1,529 ✭✭✭234


    As the title suggests how would someone try to have a law changed? Whats the process. Was just wondering about this the other day.:confused:
    Generally, you lobby politicians, but as stated above it depends on which law you are talking about.


  • Registered Users Posts: 861 ✭✭✭session savage


    Its a constitutional law I was wondering about.
    Thanks for the replies.


  • Registered Users Posts: 1,529 ✭✭✭234


    By constitutional law I assume you mean an article of the constitution. In that case the Oireachtas has to propose a bill to ammend the constitution which is then put to the people in a referendum. Therefore you can only change the constitution with a popular majority. So the best way to change an aspect of the constitution is a massive publicity campaign coupled with heavy political agitation. Which aspect of the constitution do you want to ammend?


  • Registered Users Posts: 861 ✭✭✭session savage


    Apologies, I think my ignorance of all things legal is rearing its pretty head there. I doubt its constitutional. I'm wondering about a part of the firearms act 1925.
    Not that I have any intention of doing anything to have the law changed, its just a process I wondered about.
    Thanks again.
    :D


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  • Registered Users Posts: 1,529 ✭✭✭234


    Since it's just an "Act" it's not constitutional. This would make it easier to change. If a member of the Dáil proposes an ammendment and the majority of the Oireachtas votes for it then the act is ammended. If you are serious about wanting to have the act changed then you could get on to your local TD and discuss it with him/her.

    Edit: just adding that it is slightly more complex than what I have posted above. The bill (an act before it is passed) is first approved in principle, then it goes to the committee stage and then the final version is voted on. But what I have said above is essentially the process in a nutshell.


  • Registered Users Posts: 861 ✭✭✭session savage


    Thanks 234. I learned something today anyway :)


  • Registered Users Posts: 10,211 ✭✭✭✭Marcusm


    234 wrote: »
    Since it's just an "Act" it's not constitutional. This would make it easier to change. If a member of the Dáil proposes an ammendment and the majority of the Oireachtas votes for it then the act is ammended. If you are serious about wanting to have the act changed then you could get on to your local TD and discuss it with him/her.

    Edit: just adding that it is slightly more complex than what I have posted above. The bill (an act before it is passed) is first approved in principle, then it goes to the committee stage and then the final version is voted on. But what I have said above is essentially the process in a nutshell.

    That's a really shortened version which even manages to leave out the Seanad (which has to put it through substantially the same process as the Dail) and the President.

    The most I,port an thing to note however is that although any member f the Oireachtas can seek to publish a bill, the governen of the day controls the process (order if business, etc) such that if it is not interested in the bill being passed or even debated, it will go nowhere. The alternative approach is to introduce an amendment via another bill although in that case, the Government remains in effective control. Truly in our parliamentary democracy, the non ministerial members function as lobby fodder or to raise points rather than to create or amend laws. And that's before we get on o the idea of secondary legislation (statutory instruments) which can be passed into law without a vote not to mind debate.


  • Registered Users Posts: 1,529 ✭✭✭234


    Marcusm wrote: »
    That's a really shortened version which even manages to leave out the Seanad

    The legislative value of the Seanad could be comprehensively discussed on the back of a napkin :D.


  • Registered Users Posts: 78,268 ✭✭✭✭Victor


    Apologies, I think my ignorance of all things legal is rearing its pretty head there. I doubt its constitutional. I'm wondering about a part of the firearms act 1925.
    Not that I have any intention of doing anything to have the law changed, its just a process I wondered about.
    Thanks again.
    :D

    Honestly, talk to the guys on the shooting forum.


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  • Registered Users Posts: 155 ✭✭superrdave


    Victor wrote: »
    Honestly, talk to the guys on the shooting forum.

    There are bound to be people on there who have an idea about constitutional changes....


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