Outline the sources of irish law history sources of law common law example of the many maxims: i. Common law common law also known as case law or precedent is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. Generally, the court began to be guided by its previous decisions and formulated a number of general principles, known as the 'maxims of equity', upon which it would proceed.

Persons who seek equitable relief must be prepare to act fairly towards their opponents as a condition of obtaining relief. Although a person may pretend that they are doing something in the correct form, equity will look to see what they really trying to achieve. To be fairly treated, the plaintiff must have acted properly in past dealings with the defendant. Legal sources of law it is the means by which the law is currently brought into existence.

There are five legal sources: legislation statute law legislation is the laying down of legal rules by an institution which is recognized as having the right to make law for the community. Aer lingus 1997 subordinate legislation subordinate, or ‘delegated’, legislation arises from laws laid down by a body or a person to whom the oireachtas. The oireachtas has delegated power to government ministers, local authorities and bodies to legislate for specified purposes only. The irish constitution 1937 bunreacht na héireann the constitution, which came into effect on 29 december 1937, is the basis of our law. The law of the constitution: a regulates the structure and function of the principal organs of government. B regulates the relationship of these organs to each other and to do the citizen.

Attorney general 1980 european union law since accession of ireland to the european economic community in january 1973, the constitution has no longer been supreme in all respects. A constitutional amendment was necessary to allow laws of the community made externally, and not by organs established under the constitution, to be part of our domestic law. Trinity college and dublin city council 2007 judicial precedent interpretation of statutes common law and equity have been developed through the centuries by judges in giving their decisions in the courts. Judge made law involved the application of customary law to new situations, thereby maintaining consistency. As the law because more sophisticated, the decisions of the judges were recorded and reports were made of law cases.

It became possible to follow previous decisions of judges and this brought about a level of certainty and progressive development in judge made law. Pick one of these sources and examine it in detail as it affects the early childhood care and education area. Previously brehan law was ireland's native law, up until it was replaced by common law when ireland was taken over by great britain. Now post british rule irish law is taken from the irish constitution, 1937, legislation passed by our government primary and secondary , case law and european union law, these are the main sources but some other sources are public international law, cannon law, custom, media and scholarly writing.

In order to examine case law in ireland it is important first to explore the definitions of law, it s place in irish society. It is necessary to be aware of the process of law making in ireland, who it affects and how it is practiced and it is enforced. Our writers can help get your essay back on track, take a look at our services to learn more about how we can help. Essay writing service essay marking service place an order the name given to the science of law is jurisprudence. To use manners and to wait in turn, to respect each other's land and not to steal. Rules of moral value are sometimes governed by the good conscience and fear of other people's opinions, in irish societal history this is evident in the times of roman catholic influence and is greatly linked to religious beliefs, but most moral laws are also tied in and related with legal rules especially if they are seen to cause a harm to society. The collection of people forming the irish society has a set of rules in which they must abide by.

Laws are set for the common good of the society and by the society to ensure that a certain standard of behaviour is maintained by that society. Legal law in ireland does not just cover harm to the society it also regulates private human acts such as suicide, abortion and animal cruelty. Law can be defined as the written and unwritten body of rules, derived from custom, formal enactment or judicial decision, which are recognised as binding on persons who constitute a community or state, so that they will be imposed upon and enforced among those persons by appropriate sanctions. H, 1998 the irish constitution, 1937 as the main source of law in ireland is a written document containing the rules that are applied to the state. It contains the fundamental rights of the irish people and also the regulations for its government, the regulations for administration of justice. It also holds regulations on the division between the judicial branches of the state and the executive legislative branches of the state. The constitution has enumerated rights to equality, to personal liberty, to life of the unborn and equally to the mother, to freedom of speech, freedom to associate, freedom of assembly, family rights and protection, inviolability of the dwelling, the right to education with parental primacy, freedom to private property, to religious freedom and to directive principles through social policy.

The constitution lays out all the important rights that the society needs in order to live positively and in harmony and it is up to the state to protect the rights of society by enacting legislation. Any legislation that does not protect the rights according to the constitution is not legally binding. Outside of european law, the oireactas is the name of the only place in ireland that can make laws for the state. It consists of the president and dail eireann and seanad eireann the two houses of oireactas. A new law starts as a bill which is a proposition for a new legislation which is usually initiated by the government who will have already consulted it with other bodies that it may affect.

In some cases the government will set up a green paper containing its ideas and ask for views and feedback on those ideas from individuals and groups of people. This bill must pass through both the houses of oireactas though it usually starts off in the dail eireann. The dail will then examine and debate its contents and suggest changes or additions to the bill. The bill will then be travelled to the seanad eireann and they will go through the same process again. They can then decide to pass the bill without any changes needed, the can decide not to pass it at all or they may decide to send it back to the dail eireann with more changes to be discussed. Who wrote this essay request removal example essays if the seanad don't agree with the bill or asks for the dail to make more changes it will lapse 180 days later, but the dail can still pass the bill within the deadline once it has passed through the both houses the seanad only has the power of suggestion and of slowing the process down.

The president has the ultimate power then to pass the bill, if the president thinks that the bill may be unconstitutional he/she is entitled to further consultation with the council of state. If the president does sign the bill it becomes an act which means it is a legal/statute law. Legislation can also be delegated to and implemented through use of statutory instruments this is known as secondary legislation or subordinate legislation.

This means some power is passed down to an executive authority to administer and implement the requirements that are needed to fulfil a primary legislation given by the legislature. The childcare act that was passed in 1991 is an example of a primary legislation. In one part the 1991 childcare act stated that the health service executive has a duty to promote the welfare of children who are not receiving adequate care and protection. Cited in citizens advice, 2008 this lead to the childcare placement of children in foster care regulations, 1995. The childcare placement of children in residential care regulations, 1995, and the childcare placement of children with relatives regulations, 1995. Also under the childcare act the hse is given the responsibility of ensuring the health, safety and welfare of children attending pre schools cited in citizens advice, 2010 from this the pre school service regulations 2006 and garda clearance for employee's in childcare were created.

Irish Law Essays Text

Assistance With Writing a Case Study