Law.Legislation
‘Legislation, as a very important source of law, can pose difficulties for legal practitioners. Discuss.’
In response to this essay I would like to firstly say I agree with the above title, throughout this essay I am going to firstly explain Legislation, I am also going to show how legislation is a very important source of law. I am going to look at the different types of legislation: Primary and Secondary, and how these types sometimes cause possible problems for the practitioner. I will also try to consider some improvements that could be made. I am also going to go through some of the characteristics of legislation as well as going through the process of legislation as this helps us to understand how legislation is an important source of law.
Legislation is the single and limited power of making laws for the State and is hereby vested in the Oireachtas: no other legislative power has control to make laws for the State. The progression of legislation describes the activity of deliberate law making. The point of legislation is the creation of regulations which will be relevant to future events rather than the motion of individual rules. The process of prospective and abstract - it establishes values to be adopted in situations which have yet to happen. The process of legislating connotes the activity of delicate law-making. Unlike adjudication, this is concerned with the declaration of past events according to pre-existing rules. The original character of adjudication is of a diverse order to that of legislation.
‘In contrast, adjudication is retrospective and concrete, being concerned with the resolution of past events according to pre- existing rules. The adjudication process does not possess a creative dimension. The creative character of adjudication, however, differs significantly from that if legislation’ (pp409, Byrne and Mccutcheon, the Irish legal system)’
Firstly, in my essay I am going to explain Legislation, Legislation
In response to this essay I would like to firstly say I agree with the above title, throughout this essay I am going to firstly explain Legislation, I am also going to show how legislation is a very important source of law. I am going to look at the different types of legislation: Primary and Secondary, and how these types sometimes cause possible problems for the practitioner. I will also try to consider some improvements that could be made. I am also going to go through some of the characteristics of legislation as well as going through the process of legislation as this helps us to understand how legislation is an important source of law.
Legislation is the single and limited power of making laws for the State and is hereby vested in the Oireachtas: no other legislative power has control to make laws for the State. The progression of legislation describes the activity of deliberate law making. The point of legislation is the creation of regulations which will be relevant to future events rather than the motion of individual rules. The process of prospective and abstract - it establishes values to be adopted in situations which have yet to happen. The process of legislating connotes the activity of delicate law-making. Unlike adjudication, this is concerned with the declaration of past events according to pre-existing rules. The original character of adjudication is of a diverse order to that of legislation.
‘In contrast, adjudication is retrospective and concrete, being concerned with the resolution of past events according to pre- existing rules. The adjudication process does not possess a creative dimension. The creative character of adjudication, however, differs significantly from that if legislation’ (pp409, Byrne and Mccutcheon, the Irish legal system)’
Firstly, in my essay I am going to explain Legislation, Legislation
References: • http://www.oireachtas.ie/parliament/ • www.irishstatutebook.ie/ • Byrne and McCutcheon, the Irish Legal System (ToHel: 2009): Chapters 13 and 14 • Dodd, D,Statutory, Interpretation in Ireland (Tottel: 2008) • Donovan Dorothy, the Irish Legal System (Round Hall: 2010) • Hunt, B, The Irish Statute Book: A Guide to Irish Legislation (Dublin, First Law 2007). • O’Malley, T, Sources of Law 2nd Ed, (Dublin, Round Hall, 2002) (PP 55 to 69) • General books LLC, Repealed Irish legislation: Irish Poor Laws, 2010.