History Of Irish Legal System Flashcards
What is Brehon Law?
A sophisticated indigenous system of law based primarily on custom
When did English law arrive in Ireland?
Arrived with the Anglo-Norman invasion of Wexford in 1169 by Strongbow, Earl of Pembroke.
When did King Henry 2 visit?
1171 to reassert Royal authority
What did king Henry do when he landed at Waterford?
Held a council - important act as kings council was crucial decision making body for the feudal Anglo-Norman kings.
What did the kings council comprise of?
Two departments, the Exchequer, headed by the treasurer & the chancery headed by the chancellor who was chief adviser to the king. Later expanded to produce a court system, parliament and government
What happened in 1204?
King John authorised the issuing of writs by the justiciar, directing Irish courts to apply common law.
What happened in 1226?
King Henry 3 ordered the justiciar to adhere to the laws and customs of England, reinforced following year by sending register of writs
What is the register of writs?
Contained copies of all writs issued by English courts, transmission represents completion of introduction to common law in Ireland. First Anglo-Norman judge 1221
What happened in the 1300’s?
English law went into decline, Statue of Kilkenny 1366 attempted to curb decline by seeking to confirm supremacy of English law.
What happened in the 1480s?
Anglo Norman merchants claimed English legislation didn’t apply to them. Final decision English parliament had authority to legislate for Ireland
What happened in 1494?
Poynings law passed. Established any parliament required approval from kings Lieutenant & privy council
Intention of Poynings Law?
To affirm supremacy of English laws in Ireland
What happened in the 19th century?
Essential elements of the system of government today began to take shape, it was becoming clear judical system needed reform
What acts were enacted in the 19th century?
Act of Union 1800 - maintained close control over judicial appointments in Irish courts
Supreme Court of judicature Act 1873 - governed England & Wales
“ “ “ “ Ireland 1877
What was the Effect of 1800s acts?
Fused common law & equity into unified court system - Supreme Court of Judicature
Ireland: High Court of Justice
What was High Court of justice divided into?
Exchequer, common pleas, kings bench, chancery
What happened in 1921?
Truce between Irish nationalists & British forces agreed. Uk recognised Sinn Fein as provisional government of souther Ireland.
Articles of agreement for Anglo Irish treaty signed
What did Irish negotiators have to accept in 1921?
Crown retained as head of state, Oireachtas members to swear an oath to crown, opt out granted to NI
What was the Irish free state constitution act 1922?
Repealed the government of Ireland act 1920 & ratified Anglo Irish treaty
What did the 1922 constitution mean?
Ultimate control remained at Westminster, British perspective seen Irish independence as being granted by Westminster, Irish viewpoint derived the will of Irish people. Nationalists never accept 1920 act.
Characteristics of 1922 constitution?
Experimental - attempted to create distinct system. One innovation concept of external ministers
What was concept of external ministers?
Central core had seats in Oireachtas / responsible for areas such as finance / defence
Outer circle not parliamentarians but be experts in area appointed, agriculture etc
What are the provisions of 1937 Constitution?
Basic statements of legal principles and general aspirations. Article 30 describes role of attorney general
What happened in 1923?
Executive council of the Irish free state appointed a judiciary committee to recommend the shape of the courts system. Report published in 1923 & recommendations enacted in 1924 & repeated in 1937
