‘Write a Short Essay Critically and Concisely Discussing the Binding Sources of Law in Modern Ireland.’

Only available on StudyMode
  • Download(s) : 335
  • Published : March 18, 2012
Open Document
Text Preview
‘Write a short essay critically and concisely discussing the binding sources of law in modern Ireland.’ Binding sources of law in Irish law are the sources created by the binding authorities, that is to say the rules which must be followed in adjudication. Adjudication is the fact that the judicial decision is binding on the parties involved in a case. Binding authorities must be distinguished from persuasive authorities. Sources coming from persuasive authorities can eventually be followed in certain circumstances. There is a hierarchy in the sources of Irish law. Thus, the sources that are going to be studied in this essay are European law, the Irish Constitution, International law, the Legislation and Case law.

Ireland joined the European Union in 1972. By joining the EU Ireland has also accepted to introduce the European law in its national law. European law is composed of the treaties, for instance Consolidated Version of the Treaty on European Union [2008] OJ C115/13 or the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community [2007] C 306/01. There are also some of the most important cases’ decisions that are part of the European law. For instance, Case 6/64 Flaminio Costa v ENEL [1964] ECR 585 which sets up the supremacy of European law over national law. European law is superior to any sort of law in its member states, even though this principle tends to be overthrown by some national jurisdictions such as the Frenchand the German ones. Moreover, the article 29 of the Constitution of Ireland stipulates that Ireland is a member of the European Union and has ratified all the treaties . There are two different European laws. The first one is the law created by the European Institutions composed of the treaties and the jurisprudence of the European Court of Justice and the General Court. The second one is the law coming from the European Convention of Human Rights. This convention establishes the...
tracking img