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Irish legal system

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Irish legal system
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INTRODUCTION
We the people of Eire…Humbl[y] acknowledging all our obligations to our Divine Lord, Jesus Christ, who sustained our fathers through centuries of trial….gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation, and seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, do hereby adopt, enact, and give ourselves this Constitution.
In dealing with the Irish Constitution, it must be remembered that this aspect of the Irish system was introduced following the Treaty of 1922. Up to that time, all laws and legislation were formed, enacted and enforced by the United Kingdom, which had effectively ruled Ireland for over 600 years.
As a result of that position, the laws that followed and that were enacted in the “new” Ireland reflected many of the laws already on the statute books. The formation of the Irish Constitution also reflected many of the established formats that had existed under the English system. Although England was a monarchy, it had the guidelines of the Magna Carta to follow as the basis for the operation of its legislature, government and the titular head of state that was enshrined in the King of England at that time.
The Irish Taoiseach (Prime Minister), Eamonn de Valera, who had an American mother, also introduced some of the terms of the American Constitution. In many respects, this can be seen in the Irish Constitution of 1937.
At the time of the drafting of this new Constitution, the Roman Catholic Church was the dominant religion in Ireland. Many aspects of the Constitution reflect the widespread domination of Rome and the Catholic Church at that time. The Archbishop of Dublin at that time, John Charles McQueen, was a personal associate



Cited: Arnold, T. (2012) Constitution. [Online] Available from: https://www.constitution.ie/ Board, T. C. I. (2009) Citizens Information. [Online] Available from: http://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/ Board, T. C. I. (2012) Citizens Information. [Online] Available from: http://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/constitutional_convention.html Doolan, B. (1992) The nature of the Irish Constitution. In: (ed.) Constitutional law and constitutional rights in Ireland. 2nd edn, Dublin, Gill and Macmillan Ltd, p. 1. Information exchange network for mutual assistance in criminal matters and extradiction (2007) [Online] Available from: http://www.oas.org/juridico/mla/en/bra/en_bra-int-des-ordrjur.html Oberheiden, D. N. (2013) Guide to the Legal History of Brazil. [Online] Available from: http://www.legalhistoryofbrazil.com/ Reichert, W. (2002) mit.edu. [Online] Available from: http://web.mit.edu/12.000/www/m2006/teams/willr3/const.htm Ryan, D. F. (2001) Personal rights (article 40.3). In: (ed.) Constituional Law. Dublin, Round Hall Ltd, p. 152.

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