Law and Ethics

Session 4

Irish Legal System

Online Revision Bridging Course

1) Criminal Law, Civil Law

2) Public Law, Private Law

3) Sources of Irish Law

4) Structure and Jurisdiction of the Courts

Contents

2

•Deal with criminal or public wrongs.

•Proceedings are started by the State

(Director of Public Prosecutions)

•Innocent until proven guilty

•Victim has no say

Criminal Law

Civil- deals with civil or private wrongs

Resolution of disputes over the rights and

obligations of individuals dealing with each

other

Main objective to ensure injured party is

compensated

Plaintiff (aggrieved party) sues defendant.

Must be proven on the balance of probabilities

E.g. Contract, Tort, Commercial

Divisions of Law -Criminal and Civil

Civil Law- Remedies

•Award of damages

•Injunction to stop defendant doing something (prohibitory

injunction)

•Injunction to make to defendant do something (mandatory

injunction)

•An order for specific performance

•A refusal of further performance

•Fines

•Imprisonment

•Binding to the peace

•Community service (as alternative to prison)

Criminal Law

-Remedies

•Found in the legal consequences•Some cases indicate the potential for both a criminal and a civil action•Example injured passenger of a taxi driven recklessly.

•Civil – compensation for pain and suffering from injuries•Criminal – Dangerous driving

Distinction between Criminal and Civil Law

Public – governs relations between state

and individual e.g. constitutional law and

criminal law

Private – controls relations between

individuals e.g. contact law, property law

Public Law /Private Law

Sources of Irish Law

10

Sources of Irish Law

•Constitution

•Legislation or Statute Law

•Case Law and Precedent

•EU

•Contains the basic rules of the state

•Regulations for Govt. Institutions,

administration of justice and the division

between the executive legislative and

judicial branches of the State

•States fundamental rights of citizens

•Right to vote, freedom of expression,

freedom of association. Not exhaustive

list of rights.

The Constitution

The Constitution

• Contains the basic rules of the state

– Regulations for Govt. Institutions, administration of justice and the division between the executive legislative and judicial branches of the State

– States fundamental rights of citizens

• Right to vote, freedom of expression, freedom of association. Not exhaustive list of rights.

Twofold effect of ConstitutionLegislation which conflicts constitution is invalid

Obliges the state to protect rights by enacting legislation

McGee V Ireland & The Attorney General (1974)

No more kids, medical grounds, contraception outlawed

Customs impounded it

Supreme Court held right to privacy within marriage

legislation conflicted was thus invalid

•Acts of the Oireachtas. Source of rules and principles in different areas of law.•Has developed piecemeal•Constitution provides that Oireachtas(President + Dáil, and Seanad) primary law making body•Must be not conflict with constitution•Subject to interpretation by Courts

Statute Law

•Primary Legislation - passed directly

•Secondary /Delegated – implemented through

use of statutory instrument by virtue of power

delegated e.g. on A Minister

•E.g. Social Welfare, new Statutory

instrument each year when rates change

Court must ascertain what the intention of the legislation was

Literal Rule – keep strictly to the ordinary meaning of the words. Whitley v Chappell (1868)

Golden Rule - if literal rule would lead to absurd result then literal meaning must be modified. Alder V George (1964)

Mischief Rule – exam the law prior to the legislation to ascertain what defect/mischief it is supposed to remedy. Corkery v Carpenter

Primary laws of EU takes precedence over our

domestic law.

Contained in EU treaties e.g. Treaty of Paris

(1951), Single European Act (1986),

Maastricht Treaty on European Union

(1992)

Secondary laws, regulations directives decisions

EU Law

• EU legislation that is binding in its entirety, and directly applicable on all the

member states

• A Regulation sets down a date for its implementation in the member states –

and the member states need take no further legislative action –

• Regulations are published in the Official Journal of the EU, and they enter into

force on the date specified therein

• – an example would be the EU Liquids Regulation – restricting the amount of

liquids that can be taken into the duty free and flight terminals of all EU

airports

• Sanctions will be enforced at a national level as the Regulation is directly

applicable and enforceable within the member states.

EU Regulations

• This is a guideline/instruction to member states as to how they should

standardise legislation in a particular area (given a particular timeframe in

which to achieve this standardisation)

• A Directive is binding as to the result to be achieved – but is not directly

applicable – the Directive gives the individual member states the choice as

to the form and method of implementation

• In Ireland Directives become part of Irish law through either an act of the

Oireachtas (where it involves a substantive issue) or a statutory instrument

(where it involves more of a technical issue) – the idea embodied in the

Directive is enacted as legislation – but the exact particulars are at the

discretion of the member states

• – examples include the Organisation of Working Time Act 1997, and the

Minimum Wage Act 2000.

EU Directives

•Decisions of Earlier judges are binding on subsequent

courts if shown that case facts are identical or sufficiently

similar.

•Ensures continuity and certainty in Law.

•The Rule of Precedent = decision of higher court

are binding on lower court.•Only core of previous decisions is binding “Ratio

Decidendi”

Case Law and Precedent

•Ratio Decidendi – rationale for the decision

Binding on future judges.

•Obiter dictum – discussions and

observations that do not form the basis for

the court’s decision. NOT BINDING

•May however have persuasive authority

Structure and Jurisdiction

of the Courts

•Lowest court

•Summary offences

•Max – 1 year for a single offence

- 2 years for multiple offences

•Appeal to Circuit Criminal Court

•Appeal on a point of law to the High Court

District Criminal Court

•All indictable offences except murder, rape,

aggravated sexual assault, treason, perjury

•Judge and jury

•Right of appeal not automatic (seek leave to

appeal) and jury

Circuit Criminal Court

Central Criminal Court

•All serious crimes not heard by Circuit

Criminal Court

•Judge and jury

•Right of appeal not automatic

Special Criminal Court

•Reserved for cases involving dangerous

criminals and terrorism

•3 judges, no jury

Court of Appeal

•Appellate Court = application and

interpretation of criminal law

•3 judges, no jury

•Options

•Allow appeal and acquit

•Allow appeal and reduce, vary or

increase the sentence

•Allow appeal and order re-trial

•Dismiss the appeal

Supreme Court

•3 to 5 judges, sometimes up to 7 judges

•Constitutional cases minimum of 5 judges

•Appellate Jurisdiction

•From Court of Appeal on matters of public

importance

•From High Court if a direct appeal to SC is

warranted.

District Court

•Damages in tort and contract where claim is

less the €15,000

•Family law proceedings

•Alcohol licenses

•Landlord and tenant

•Also Small Claims Court (up to €2,000)

Circuit Court

•Contract and tort matters not exceeding €75,000

•Recovery and title of land, equity (trusts)

uncontested divorces.

High Court

•Unlimited monetary jurisdiction

•Tort and contract in relation to larger claims,

company law

•Constitutional and judicial review

•Also Commercial Court, established in 2004 for

efficient dispute resolution in commercial cases

High Court

Commercial Listing

•Claim or counterclaim of not less than €1 million

•Proceedings under the Arbitration Acts (not less

than €1 million)

•Patents, trade marks, copyright, “passing off”

•Suitable appeals or application for judicial

review

•Where judge considers it appropriate

Supreme Court

•Appellate jurisdiction

•Uphold or reverse decisions of lower courts

•Article 26 cases (Bill referred by President

following consultation with the Council of State)

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