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What are Legal Guidelines?

  • 30-06-2013 9:40am
    #1
    Sally345
    Registered Users, Registered Users 2 Posts: 1 ✭


    Hi,

    I'm working on my thesis and have a law question I just can't find the answer to! Could anyone please let me know:

    Are guidelines (eg. the Irish guidelines on violence in schools) actually law? How are they different from an Act or from other laws? Are they something that actors must aspire to implement rather than immediately implement?

    Thanks so much!!!
    Tagged:


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Sally345 wrote: »
    Hi,

    I'm working on my thesis and have a law question I just can't find the answer to! Could anyone please let me know:

    Are guidelines (eg. the Irish guidelines on violence in schools) actually law? How are they different from an Act or from other laws? Are they something that actors must aspire to implement rather than immediately implement?

    Thanks so much!!!

    The power to make laws comes from the Constitution and is a power given solely to the Oireachtas. There are a couple of sources, the Constitution, the EU laws (directives and regulations), Acts, Bye-laws (which are like Acts within Acts), and common law which is case law.

    Guidelines are not law and are just that, guidelines.


  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    NoQuarter wrote: »
    The power to make laws comes from the Constitution and is a power given solely to the Oireachtas. There are a couple of sources, the Constitution, the EU laws (directives and regulations), Acts, Bye-laws (which are like Acts within Acts), and common law which is case law.

    Guidelines are not law and are just that, guidelines.

    Doesn't mean they can't give rise to rights and/or a defense in law.


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Guidelines are usually extrapolated from existing laws and or best practice in relation to whatever the subject-matter is. Guidelines do not have any enforceability unless they are derived from laws.

    Guidelines can be persuasive (albeit not necessarily binding), particularly in civil cases, if there is a question around whether someone knew or ought to have known they had a given duty. E.g. the Rules of the Road issued by the RSA. Many of the ROTR are best practice rather than actual legal requirements but a breach of best practice can render you liable for an accident etc.


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