Nature of Usage Usage is a course of dealing overtime adopted by persons in a particular business which has acquired notoriety such that where persons contract in relation to that area they must be taken as intended to follow during the course of dealing, the usage concerned unless they have expressly or impliedly agreed to the contrary. Unless expressly or impliedly excluded it forms part […]
Nature of Custom Custom is a rule or a principle that has existed in fact or by presumption from time immemorial. It may have the force of law in a particular area notwithstanding that it might be of variance with common law. Customs may supplement common law in respect of the matter concerned and be in effect local common law. Customary law is unwritten law. […]
Statutes in Force The statute law of Ireland comprises the following: Acts of the Oireachtas established under the 1937 Constitution Acts of the Oireachtas established under the 1922 Constitution Statutes of the Parliament of the United Kingdom of Great Britain and Ireland (1801 -1922) which applied to Ireland; Statutes of Irish Parliaments passed prior to the Union with Great Britain in 1801; Statutes of the […]
Legislation Legislation refers to laws made formally. Primary legislation refers to Statutes or Acts made by the Oireachtas. The Oireachtas in the Iegislature in the Republic of Ireland. The Oireachtas comprises the Dáil, Seanad and the President. The President\’s role is nominal. He or She is obliged to sign Bills into law, subject only to his power to refer the same to the Supreme Court […]
Commencement A bill becomes law when it is signed by the President. However, the legislation may not take effect immediately. Commonly, there is provision for particular parts of an Act or the Act as a whole, to be commenced by on or more commencement orders. Commencement orders are generally made by the Minister. They are published by way of a statutory instrument. The Order specify […]
Judicial Law Making In theory, judges do not make or change the law. The judge applies the law to the facts and makes the decision. This would breach the principle of the separation of powers. The sole power to make law is vested in the Oireachtas (parliament). In principle, the judge’s role is limited to the application of the existing law to the facts of […]
Hierarchy of Courts and Precedent Precedent works in the context of the hierarchy of courts. In Ireland, the Supreme Court and Court of Appeal stand in the hierarchy above the High Courts and deal principally with points of law. A decision of the Supreme Court is binding on the High Court and is generally binding on the Supreme Court itself, save for exceptional cases where […]
Irish Law Reports The primary source of common law is written judgements of the higher courts, the High Court and the Supreme Court. Selected written judgments of the higher courts are published in hardback volumes of law reports. They are usually published on a weekly or monthly basis and are republished or bound in hardback bound volumes, published several times a year. Law reports are […]
UK Law Reports The judgements of the UK courts constitute a very significant source of Irish law. The relative size of the United Kingdom is such that there is a greater volume of precedents available. Across a wide range of areas, legal precedents /judgements of the English courts are regularly cited and relied on by the Irish courts. This reflects the two Countries common legal […]
Nature of Law Law refers to the collection of rules making up the legal system as a whole. Rules differ radically in their nature and purpose. Some rules prohibit specific behaviour. Breach is punishable under the law. Other rules facilitate business and commerce, such as company law and the law of contract which enforces agreements. Other rules create rights of redress for wrongs which can […]
General Common law is one of the main sources of Irish law. It consists of a series of rules and principles developed by judges over the centuries. Many of the most important of business law rules are common law rules. Examples include contract law, civil wrongs (tort), agency and restitution. Many of the basic rules evolved over centuries of experience and are not really controversial […]
Systems of Laws Ireland as a sovereign jurisdiction has a distinct body of law. For the most part, Irish law in this context refers to the law of the Republic of Ireland. Northern Ireland is a separate legal jurisdiction. The United Kingdom comprises several distinct jurisdictions namely England and Wales (single jurisdiction), Scotland (separate) and Northern Ireland (separate). Irish laws apply generally to matters or […]
Written Judgments Traditionally, written decisions of the courts are given where a novel or important point of law arises. The influence of the European Convention on Human Rights and modern concepts of justice have made written judgments more common in cases in the higher cases. In making its decision the Judge or Judges in a multi-judge Court will write written reasons as to their interpretation […]
Written Judgments Traditionally, written decisions of the courts are given where a novel or important point of law arises. The influence of the European Convention on Human Rights and modern concepts of justice have made written judgments more common in cases in the higher cases. In making its decision the Judge or Judges in a multi-judge Court will write written reasons as to their interpretation […]
Common Law Many of the most important principles of law are common law principles. Contract law, restitution, the law of civil wrongs, personal property are almost entirely common-law based. In higher court cases, where points of law are contested and argued, the Courts may focus on a handful of cases that are relevant to the particular situation. In these cases, previous Court decisions and reasoned […]