LW1108 Flashcards
what are the 3 rules of Hart H.L.A
RECOGNITION -> SECONDARY-> PRIMARY
What are the primary rules (hart)
regulate the behavior of man in the society. These rules either grant rights or impose obligations on the members of the society
What are the secondary rules (hart)
These authorise certain bodies to make laws, these adjudicate disputes.
what are the RULES OF RECOGNITION?
These are master rules that determine whether a rule is law or not.
what are the names of the two theorist?
Hart H.L.A and Llewellyn
what was Llewellyn’s theory
he argued that law had 4 jobs to do
what are the jobs Llewellyn said law has?
- Provide mechanism for dispute resolution.
- Legal system needs to regulate social intercourse
- Allocate authority –
- Setting of goals and policies
when did norman invasion occur?
1169
what act happend in 1494
Poynings Act
what is the Poynings Act 1494?
All legislation past in Westminster applied to all of Ireland.
during the centuries 12 and 16 how many legal system were there?
2
what were the two legal systems in ireland 12th- 16th century
- English Law which prevailed in the Pale (Dublin County Mainly).
- Rest of Country Brethan Law applied.
what happened and to the Irish Parliament (1700)
act of Union dissolved the irish parliament in the1800
can a judge overrule a statue?
no
what court was created in the 15th century?
court of chancery
how did the court of chancery appear?
In the 14th and 15th Centuries the court system was only for the wealthy. Therefore, the common law would overlook cases that came from the commoners.
* Writ (today called summons) Document to commence legal proceedings had to be lodge with King Chancellor
* Document had to be completed exactly right if not the case was thrown out.
Right to appeal to the King who gave it then to the Chancellor, this began a whole new legal system.
what rules did the court of chancery use?
they used laws of equity
what happened when there were 2 legal systems in Ireland and how was the matter solved?
The system did work very well as there was some confusion as to were the cases should be sent.
Therefore In 1877 the Supreme Court of Judicature identified rules of Equity would prevail and fused court systems together.
what happened in 1918?
- General election the irish Sinn Fein members
elected that westminster stayed in Dublin and had their first Dail. - They also declared ireland an “irish free state”
what happened in 1919-1921
Ireland War of independance
1921 what happend?
A delegation representing the Irish government was sent to London to negotiate peace talks.
They reached an agreement called The “Anglo Irish Treaty”
when was the Anglo Irish Treaty?
1921
What lead to a civil war in 1922-1923
The anglo irish treaty.
The British government agreed that 26 Counties would be Irish territory and 6 would be british.
Who agreed and who disagreed with the Anglo Irish treaty?
Agree: Michael Collins
Disagree: ÉANIB DE VALERA
1922 folllowing the Anglo Irish treaty apart from the civil war what else happened?
The first Constitution was enacted as an act of parliament
1924 what happened?
Ireland legislated for a whole new court system called the Court of Justice Act (1924) which is the same as today.
1937 what happened?
Ireland drafted and put a vote of the people a 2nd constitution. Bunreacht na h Eireann (The 2nd Constitution)
1937 what happened?
Ireland joined the EEC which is now the EU. This led to huge changes, amendments to the Irish constitution, a huge new volume of rules and regulation that had to be implemented
what is the constitution?
It is a legal document created in 1937, which regulates how the state works.
how many articles does the constitution have
50
what are the 2 main parts of the constitution
1) articles 1-39: organs of state
2) articles 40-44: fundamental rights
origins and development read
what is the citizens of assembly?
a mechanism created by the government where 100 random citizens are offered to join this assembly off the voting register , to consider different issues or areas of the constitution that should be reviewed
INSTITUTION OF THE STATE (ART 1-39) what does article 6 do?
Divides government into three branches
1. Executive - The Government
2. Legislature - Parliament
3. Judiciary - Judges and Court System
what does the legislature do?
article 15
This is someone with the responsibility to pass new laws.
what is the legislature know as?
the Oireachtas/ National Parliament
how many bodies does the legislature have
3
The Dáil
The Seanad
The President
can legislation be passed with only a 2 way participation between the Dail and the Seanad
no
The Oireachtas has the power to make state laws (no other legislative authority has that power)
However what are the there are 3 refinements to this rule
- The government control the Dail and therefore can introduce legislation on their own. Have a whip system (This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology or the will of their donors or constituents.) so everyone in the party votes as a block or else gets kicked out of the party. Therefore the government controls legislation despite what constitution says
- “No other legislative authority has the power to make laws in the state” (Article 15) However judges can pass laws “Common Law”
- Eu law can influence law, it prevails because it keeps Europe uniformity
what is the executive
someone whose job is to run the country. Allocates power to the government.
what is the head of the government called?
Taoiseach
what is the maximum and the minimun of minster the Taoiseach can appoint?
7-15
who is the government responsible for?
the Dail
Under Constitution how long does the government reign?
5 years
the Judiciary - the courts who are they?
someone who resolves disputes
how many levels of courts does the judiciary have?
3
what are the 3 ties court in the judiciary?
courts of instance
courts of appeal
courts of final appeal (supreme court)
what does the court of first instance do?
They start litigation, start a case.
how many court do we find in the courts of first instance?
3
what are the courts in the courts of first instance?
District, Circuit, High Courts
what does the supreme court deal with?
serious matters concerning the constitution
do Judges answer to the Dail?
no, because they are an independent body however they must comply with the state and the constitution
what are unenumerated right?
They are not written down or voted upon. However, they exist because the judge say they exist.
where do unenumerated right mainly derive from?
Article 40.3
Personal rights
to pass legislation into law how many stages have to pass?
1-5 stages in the first house
and 2-5 stages in the second house
how does legislation come into effect? who make them complete.
the president must sign them.
what stage is the longest when passing legisaltion?
the 3rd stage
the committee stage
who overrules the seanad
the Dail
what happens if the supreme court holds a Bill has unconstitutional?
then the president can not sign it
what is a Bill?
a proposal of new law
