Introduction to Irish Legal System : Assignment
Added on 2020-03-28
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Running head: INTRODUCTION TO IRISH LEGAL SYSTEMIntroduction to Irish Legal SystemPage 1
INTRODUCTION TO IRISH LEGAL SYSTEMTable of ContentsIntroduction......................................................................................................................................3A. Discussion of the Irish Legal System.........................................................................................3Brehon Law.................................................................................................................................3English Legal System..................................................................................................................3Impact of Independence on its Legal System in the Present Scenario........................................4B. Critical Analysis of the Modern Irish Legal System...................................................................4Sources of Law............................................................................................................................5The Court Structure.....................................................................................................................5Conclusion.......................................................................................................................................6References........................................................................................................................................7Page 2
INTRODUCTION TO IRISH LEGAL SYSTEMIntroductionIrish legal system fundamentally belonged to Common Law System, which has evolved since centuries (Hazelton Mediation, 2017). Primarily, it had four sources of its origin. This includes the Irish constitution, European Union law, legislation and case law (Holland & Condon, 2014). Particularly, considering the legal system of Ireland, the objectives of the study is initially to present an overview of the development in the legal system of Ireland. In the later part, critical analysis is done by assessing the court structure of Ireland along with its modern legal system and the various sources of law.A. Discussion of the Irish Legal SystemBrehon LawPrior to 1922, the Irish legal system was derived from the ‘English Common Law’ and before its adoption ‘Brehon law’, an indigenous legal system was adopted (Cawley, n.d.). This law was very complex, wherein the rights were granted to the citizen of the country based on their social status. On the other hand, punishments were given as per the person’s status, who was offended. This system has been adopted from the Celtic times until 17th century. In the preliminary stage ofits adoption, it was not written, but the principles and rules of this system were taught. Later, it was written in the manuscripts however, proper year cannot be specified of its introduction. At the time of its implementation, Ireland was divided into 50 areas approximately and was a tribal society with a clan system, which followed hierarchy system. The notion of equality was not evident in this particular system and the status of people was taken highly into consideration, wherein number of law schools exited in order to spread its rules and principles. In this system, the most fascinating characteristic was that it was self-enforcing according to the status and due to this fact there was no public administration of justice. Then, legal system was well adopted until there were problems faced by the country, which was the result of ‘Norse invasions’. This led to the decline of this system was evident. However, the people of Ireland greatly respected this system and considered it equivalent to their religion. Therefore, bringing about change in theentire system of the country was really difficult and took time (Higgins, 2015).Page 3
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