History Of Irish Legal System

Question 1

What is Brehon Law?

Answer 1

A sophisticated indigenous system of law based primarily on custom

Question 2

When did English law arrive in Ireland?

Answer 2

Arrived with the Anglo-Norman invasion of Wexford in 1169 by Strongbow, Earl of Pembroke.

Question 3

When did King Henry 2 visit?

Answer 3

1171 to reassert Royal authority

Question 4

What did king Henry do when he landed at Waterford?

Answer 4

Held a council - important act as kings council was crucial decision making body for the feudal Anglo-Norman kings.

Question 5

What did the kings council comprise of?

Answer 5

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

Question 6

What happened in 1204?

Answer 6

King John authorised the issuing of writs by the justiciar, directing Irish courts to apply common law.

Question 7

What happened in 1226?

Answer 7

King Henry 3 ordered the justiciar to adhere to the laws and customs of England, reinforced following year by sending register of writs

Question 8

What is the register of writs?

Answer 8

Contained copies of all writs issued by English courts, transmission represents completion of introduction to common law in Ireland. First Anglo-Norman judge 1221

Question 9

What happened in the 1300’s?

Answer 9

English law went into decline, Statue of Kilkenny 1366 attempted to curb decline by seeking to confirm supremacy of English law.

Question 10

What happened in the 1480s?

Answer 10

Anglo Norman merchants claimed English legislation didn’t apply to them. Final decision English parliament had authority to legislate for Ireland

Question 11

What happened in 1494?

Answer 11

Poynings law passed. Established any parliament required approval from kings Lieutenant & privy council

Question 12

Intention of Poynings Law?

Answer 12

To affirm supremacy of English laws in Ireland

Question 13

What happened in the 19th century?

Answer 13

Essential elements of the system of government today began to take shape, it was becoming clear judical system needed reform

Question 14

What acts were enacted in the 19th century?

Answer 14

Act of Union 1800 - maintained close control over judicial appointments in Irish courts
Supreme Court of judicature Act 1873 - governed England & Wales
“ “ “ “ Ireland 1877

Question 15

What was the Effect of 1800s acts?

Answer 15

Fused common law & equity into unified court system - Supreme Court of Judicature
Ireland: High Court of Justice

Question 16

What was High Court of justice divided into?

Answer 16

Exchequer, common pleas, kings bench, chancery

Question 17

What happened in 1921?

Answer 17

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

Question 18

What did Irish negotiators have to accept in 1921?

Answer 18

Crown retained as head of state, Oireachtas members to swear an oath to crown, opt out granted to NI

Question 19

What was the Irish free state constitution act 1922?

Answer 19

Repealed the government of Ireland act 1920 & ratified Anglo Irish treaty

Question 20

What did the 1922 constitution mean?

Answer 20

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.

Question 21

Characteristics of 1922 constitution?

Answer 21

Experimental - attempted to create distinct system. One innovation concept of external ministers

Question 22

What was concept of external ministers?

Answer 22

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

Question 23

What are the provisions of 1937 Constitution?

Answer 23

Basic statements of legal principles and general aspirations. Article 30 describes role of attorney general

Question 24

What happened in 1923?

Answer 24

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

Question 25

What is an exception to layout of 1924 system?

Answer 25

Creation of Court of Appeal 2014, abolition of court of criminal appeal