Menu

The Constitution

The Constitution: The Irish Legal System is based on the Irish Constitution which was drafted in 1937. To make a change to the Constitution a Referendum must be held after which, if the change has been passed by the people, the President signs the bill into law. Written in two languages, Irish and English, if some contention arises between a piece of constitution written in Irish and a piece written in English, then the piece written in Irish will prevail. The Constitution empowers the people with rights, or expressed rights, like the right to freedom of expression, however people also have rights which are not expressed in the constitution, personal rights, like the right to marry. (studymoose 2018).

Legislation: Primary and Secondary legislation. Primary legislation comes from the Oireachtas while secondary legislations come from the Government Minsters using powers given to them by various Acts.

European Law: Since joining the European Union in 1956, it is necessary for Ireland to adopt European treaties like the Treaty of Amsterdam in 1997 or in 2001, the Treaty of Nice, to remain a member. Such treaties have the same effect in Ireland as they would if they were Irish laws to begin with.

Judicial Precedent: If a case comes before a judge where no legislative statute exists, the judge has the power to make his decision based similar trials held previously in higher courts.