Intro and sources of law Flashcards
Ethics
Choices of proper conduct made by an individual in his or her relationships with others.
legal system
The totality of laws that regulate a state (i.e. a legally organised community)
Basic requirements of a legal system
- A body of laws
- A source with the power to create and alter those laws
- An institution/process with the authority to administer and enforce
Important characteristics of laws
- Accessibility
- Certainty
- fairness
- flexibility
Characteristics of the law: certainty
People should be reasonably secure in their knowledge of what they are doing and their understanding of its effects
Characteristics of the law: flexibility
The law must be able to respond without undue delay to the challenge of change at all levels of society
Characteristics of the law: fairness
The effectiveness of law depends upon its acceptance by members of society and that will not be available where a law is inequitable, unfair or unreasonable
Characteristics of the law: accessibility
All should have access to knowledge of the law, either directly or through intermediaries
Common Law
- description of the Irish legal system (and other Anglo-systems
- case law developed by the courts
- unwritten law
civil law
- the secular law of the state
- law directly concerning the rights and duties between parties
- private law
- descriptions of the legal systems of continental Europe
Canon law
church law
equity
law developed in the Court of Chancery to supplement the common law
legislation
enacted by/under direction of parliament
Public law
regulates the interaction of citizens with the state
e.g. criminal law, constitutional law, administrative law
private law
regulates the relationship between individuals within a state (e.g. contract law, tort law, property law)
criminal law
Body of law dealing with crimes and their punishment
The nature of criminal law
Wrongs against society as a whole
the nature of civil law
Rights and duties of individuals to each other
proof of criminal law
Beyond reasonable doubt (convicted or acquitted)
proof of civil law
Balance of probabilities (liable or not liable
substantive law
General principles and detailed rules defining legal rights and duties.
procedural law
General principles and detailed rules that define the methods of administering the substantive law
statutory law
Laws enacted by the Oireachtas. Statutory law is also called written law.
purpose of law
- commands
- Moral
- administrative
- opportunistic
how are laws made in International law
- There is no central, law-making, body in International Law
- , the international system tends to work on the basis of consensus
who makes the laws in Ireland
our laws are made by the Legislature (Oireachtas) or by the Courts
Public international law
Public International Law does, in the main, not concern private individuals, but rather states and certain international organisations
European court of human rights
- The Court sits in Strasbourg
- It hears cases from national courts over alleged breaches of human rights
- Have passed notable rulings including on the existence of a prisoners’ right to vote and Ireland’s abortion law
regulations
- directly enforceable
- bind each member state once they come into force
e. g. consumer protection
Directives
- State a goal that must be achieved within a set time frame
- used where there is a wide disparity in the law or practice of member states
- Broadly similar framework
Decisions
Generally addressed to a specific party/parties (rather than all Member States)
E.g. Apple Tax case
the types of law that the Eu can be divided by
- Regulations
- Directives
- Decisions
- Recommendations
the seven main institutions of the Eu
The Commission
1. The European Council "the general political directions and priorities" 2. The Council of the European Union 3. The Council of Ministers 4. The Assembly (or Parliament) 5 .The Court of Justice 6. The Court of Auditors 7. The European Central Bank
EU law
Unique legal system (with enforceable laws and a Court); supreme to national law in all areas of EU competence
when did Ireland join the EU
Ireland joined the EU (then the ‘EEC’) in 1973
How did the Eu begin?
The EU (then the EEC) was formed as the result of the Treaty of Rome agreed between six european nations: France, (West) Germany, Italy, Netherlands, Luxembourg, and Belgium
when was the Eu formed
Formed in 1958
The constitution
The basis of the legal and governmental structure of the modern state is its Constitution
The Constitution sets out the basic laws and political procedures required to run a state
how does the constitution come about
Adopted by popular vote and is changed only by popular vote.
The three parts of the government
- The courts
- The Executive (The ministers/Taoiseach/Tánaiste etc.)
- The Legislature (In Ireland, ‘the Oireachtas’)
function of the legislative branch
- Oireachtas makes the laws
function of the judicial branch
Interpret the law
what does the executive consist of
The Executive consists of the Taoiseach, Tánaiste, assorted ministers, the Attorney General, and the President
what are unconstitutional laws ?
laws and acts that offend the constitution
how can the courts declare if a law is unconstitutional or constiutional ?
- An Article 26 reference where the President refers a bill that might offend the Constitution to the Supreme Court
- A person (Plaintiff) brings a case to court and challenges the constitutionality of a particular law
what is secondary legislation?(or delegated legislation) known as
· Also known as regulations, rules, or statutory instruments
what is primary legislation known as
They are more commonly known as ‘acts’
who makes primary legislation?
body of laws passed by the Oireachtas (the legislature - president , dáil and seanad)
who makes secondary legislation
These are rules made by ministers or certain authorised bodies (Councils, Fáilte Ireland, etc.)
when is a delegating act unconstitutional ?
If the delegation is not limited, then the delegating act is unconstitutional
what is the function of the executive?
The Executive is charged with the day-to-day running of the State and with implementing and enforcing laws passed by the legislature
The Executive also prepares draft legislation (bills) to be voted by the legislature
what is the function of the courts ?
The Courts are charged with interpreting the laws of the state and, in particular, the Constitution
stare decisis meaning
Let the decision stand. • The decisions of higher courts are binding on lower courts
