1. Intro to Law

2. SLOs 10.1.1 identify the sources of Irish law
explain the features of each of the sources of Irish law
summarise the fundamental rights as outlined in the Constitution
distinguish between:
· civil and criminal law
· public and private law
· procedural and substantive law

3. Functions of Irish law
Body of rules imposed by a state to regulate human conduct for the common good
The court interprets these rules, passes a sentence or makes a ruling, or an award for compensation
The law changes and develops
It is intertwined with society and the economy

4. Sources of Law Historical sources – common law and equity
Legal sources
Legislation
Subordinate legislation
Constitution 1937
EU Law
Precedent

5. Historical sources Irish law is derived from the English system
Replaced Brehon law
Since Free State 1922 and Constitution 1932 it has developed its own character

6. LegaL Sources of Law Legislation Made by the oireachtas
The oireachtas consists of 2 houses: Dáil Eireann and Seanad Éireann and the president

7. Bills – 5 stages
Title - Dáil or Seanad place the title of the bill before the house – pass or defeated
Second Reading - Bill gets a second reading and minister explains it
Committee stage - Bill goes to committee stage (entire house) or standing committee (includes experts) if of a technical nature. Bill may be amended
Report stage – further/final amendments may be made.
Final Reading – the bill is presented is passed by both houses and presented to the president for signature. The president publishes a notice in the Official Gazette stating the bill has become law

8. Legislation and the constitution
If a statute is found to be repugnant to the constitution it can be declared invalid in the High Court

9. Interpretation of Legislation
Judges interpret the law
They use 3 guidelines
The literal rule – give words their usual meaning
The golden rule – avoid absurd or inconsistent result
The Mischief rule – if law passed to remedy a mischief, interpretation must remedy the mischief

10. Subordinate legislation
Oireachtas delegates power to make laws
Ministers
Local Authorities – bye laws
Other bodies
May be challenged as Ultra Vires is goes beyond powers
Scrutinised by the Seanad Select Committee on Statutor Instruments

11. The Constitution Bunreacht na hÉireann 1937
The highest law of the land – save EU law
Referendum required to amend the constitution
Regulates the nation, the state, the government, president, citizen, the courts

12. The constitution
1-3 The Nation 4-11 The State The President The National Parliament Constitution and Powers Dáil Éireann Seanad Éireann Legislation 28 The Government 28A Local Government 29 International Relations 30 The Attorney General The Council of State 33 The Comptroller and Auditor General
34-37 The Courts
Trial Of Offences
Fundamental Rights
Personal Rights The Family Education Private Property Religion
45 Directive Principles of Social Policy
46 Amendment of the Constitution
47 The Referendum
Repeal of Constitution of Saorstát Éireann and Continuance of Laws

13. Preamble
In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Éire,
Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.

14. Think of Lybia and their rebellion against the Gadaffi regime.
How might the rebel leaders go about restoring law and order and establish new foundations for their state?