Discuss the sources of irish law and show how they relate to each Essay

Discuss the sources of irish law and show how they relate to each other - Essay Example These shall be discussed. Bunreacht na hEireann 1937 The Irish Constitution is the supreme source of law of Ireland although it is, arguably, not the main source in terms of quantity. The Constitution is the backbone of the Irish legal system consisting of the source of power exercised by the legislative, judicial and executive branches of government. The Irish Supreme Court and High Court are empowered to review all legislation and may strike down laws if they are inconsistent with the Irish constitution (McCutcheon et al 2008, p. 649) All laws passed by the legislature must comply with the provisions of the Constitution. Specifically, the Constitution provides that the Oireachtas must not enact any law which is repugnant to the Constitution or any provisions thereof (Article15.4.1-2) 4.1 The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof. 4.2 Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid This means legislation ranks lower than the Constitution. The Constitution provides that the institution which can interpret both the Constitution itself and all the other sources of law are the Courts of law. (Articles 34-37) As the primary source of law as well as having a higher status within the jurisdiction, all other laws must be in conformity with it. Any law that does not comply with the Constitution is invalid. The Constitution regulates the relationship between the organs of government and the citizens and those living in Ireland. (Article 6) The Constitution also guarantees certain fundamental rights and freedoms such as equality before the law, personal liberty, property rights, and freedom of religion and the importance of the family. (Articles 40-44) The Constitution is in both official languages but in the case of incompatibility it is the Irish version which wi ll prevail as it is the first official language. (Articles 8 and 25) Legislation This is law produced through the Oireachtas. This is, arguably, the most important source of law in the modern day Ireland. Firstly, in terms of quantity, the Oireachtas produces far more legal rules than any other source. Secondly, under Article 15 of the Constitution, the Oireachtas has‘sole and exclusive’ law making power. The Irish Constitution assigns to the Oireachtas the sole law making power within the State. (Article 15.2) Every year a large number of pieces of legislation known as statutes are brought into operation as Acts of the Oireachtas. The procedure for the creation of Acts is provided for in the Constitution. Acts of the Oireachtas are known as primary legislation and must follow a particular procedure to be legitimate including going through both houses of the Oireachtas, the Dail and the Seanad. Each piece of legislation must be compatible with the Irish Constitution and the Supreme Court of Ireland may strike down legislation if it is not compliant with the Constitution. Statutes are divided into sections and parts, depending on their length. Article 25 of the Irish Constitution states that all acts must be in both official languages, Irish and English and in the case of contradiction it is the Irish version which will prevail. Each act or statute must be compatible with the Constitution, and may be referred to the Supreme Court by the President to decide