Sources Of Law

Question 1

Raz characteristics of law?

Answer 1

Normative, institutionalised, coercive.
Seeks to govern human behaviour. Prohibit / attaching consequences

Question 2

Principal elements of a study of legal system?

Answer 2

Laws specifically created (legislation)

Question 3

Other areas of law not contained in legislation?

Answer 3

Judicial decisions developed over centuries. Principal legal categories (Tort etc) Core principles developed by courts

Question 4

When was common law system established?

Answer 4

In England by the Norman’s 1806. Irish law mirror image . Decisions still enjoy force of the law

Question 5

What is another meaning for common law?

Answer 5

Body of law developed in English Common Courts. Contrasted with equity

Question 6

Sources of law: Common Law?

Answer 6

Originally formed core of enforced laws. Accumulation of decisions formed coherent body of law

Question 7

Sources of law: legislation?

Answer 7

Laws enacted by body invested with law making power. Specifically created. Rests on Article 15.2 of Constitution

Question 8

Sources of law: Constitution?

Answer 8

Contains fundamental principles & guarantees of individual rights. Provisions amenable to interpretation, especially 40-44. Considers validity of social / economic matters, judges role extends into political

Question 9

Sources of law: Eu Law?

Answer 9

Possesses own legal system enforceable in each member state. COJ Luxembourg. Unquestioned Supremacy established in Treaties. Constitution amended Art 29.4.3

Question 10

Sources of law: Custom?

Answer 10

Eliminated after establishment of Common Law. Two conditions: certain, reasonable and continuous/ particular locality/ matter

Question 11

Sources of law: International Law?

Answer 11

Governs states in relationships with eachother. Irish legal system seen as dualist: international measure must be specifically incorporated. Article 29.3 “state accepts recognised principles of international law”

Question 12

Important legal instrument?

Answer 12

ECHR: Establishes regime for protection of rights of individuals. Adjudicated in EHCR Strasbourg

Question 13

Divisions of law?

Answer 13

Substantive & Procedural

Question 14

Substantive law?

Answer 14

Embraces different legal subjects that confer rights & powers or impose obligations & liabilities

Question 15

Procedural Law?

Answer 15

Refers to bodies of rules concerned with implementing substantive law & consists of civil / criminal / evidence.
Divided into Public & Private law

Question 16

Public Law?

Answer 16

Constitutional: body of law affects state in most fundamental respects
Administrative: governs administration of state & activities of public authorities

Question 17

Private Law?

Answer 17

Concerned with relationships between private individuals where there is no public interest