‘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 is the product of a legislative or law – making process Legislation encompasses and falls into two categories: Primary legislation (law enacted by the Dáil and Seanad and signed by the president) and secondary or delegated legislation(regulation, rules, orders etc made under the authority of an act). Primary legislation is the acts of the Qireachtas, the acts of the Qireachtas have three types: Acts to amend the constitution, Public general acts and Private acts. The second category known as secondary or delegated legislation consists of measures enacted by a person or body to whom the Qireachtas has delegated legislative authority. When a law comes into force in Ireland, it is known as a statute or an act. Acts give powers to ministers of governments to make secondary laws, known as statutory instruments. These can be written as regulations or orders and detail specific rules and outline enforcement procedures. Approximately forty Acts of the Oireachtas are passed each year. These are available in print from the Government Supplies Agency, which is part of the Office of Public Works. Acts can be researched from a number of places an example would be the ‘houses of the Oireachtas’ website here you will find all Acts passed from 1992 to date, as well as all Bills published from 1997 to date. The site lists legislative history of Bills to date, including links to all relevant Parliamentary debates. Most secondary legislation is made by Government Ministers under powers conferred on them by Acts. Approximately 500 pieces of subordinate legislation are passed per year.
Next I am going to talk about the characteristics of legislation; the principal characteristic of legislation is that it reduces rules to a written or verbal form. An e.g. of this would be the prohibition on ‘drug pushing’ contained in s15 (1) of the Misuse of drugs act 1977. And this states the following:
‘Any person who’s has the procession whether lawfully or not, a...
References: • http://www.oireachtas.ie/parliament/
• 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.
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