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(Solution) Irish Legal System - PDF

   

Added on  2021-04-21

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Running head: IRISH LEGAL SYSTEMIrish Legal SystemName of the studentName of the universityAuthor note
(Solution) Irish Legal System - PDF_1
1 IRISH LEGAL SYSTEMPart AIreland had a own indigenous legal system prior to the English rule which existed sincethe Celtic times and survived till the 17th century where finally the English common law systemsupplanted it. The indigenous system of law which was present in Ireland was known as theBrehon law system. The system had its origin from customs which were provided by onegeneration to the next generation. This law had been initially written down in the 7th century andwas governed by Brehons (or brithem). The roles of Brehons were closely related to that of anarbitrator and similar to that of the judges. They had the role off interpreting and preserving thelaw instead of expanding it (Mhuirthile O'Sullivan and Thornton 2016). The law in many aspectswas quite progressive in nature. The law recognized equal rights for both the genders and alsoconcerns in relation to the environment. The law also had well defined penalties and offences inrelation to criminal law (Graf 2016). The law incorporated the principles of restitution ratherthan punishments. The crime of bodily injury and homicides were determined though a specificscale in from of eric fines. No capital punishment was provided in this legal system. There wasno police force or a court system in this law which made it clear that the law was respected by allcitizens (O’Neill 2016). The modern system of law in Ireland is derived from common law traditions of England.The court is mostly referred as the 'the first adventure of the common law.' The militarycampaign by Oliver Cromwell consolidated the dominance of English law in Ireland. Poyning’slaw had been repealed by the English parliament through the passing of The Irish Appeals Act,1783. Roman Catholic Relief Act, 1793 was enacted to enhance the situation of the catholicswhich provided them limited rights to pactice at bar and vote. The Act of Union, 1800 waspassed through which the Irish parliament had been dissolved and Westminster Parliament had
(Solution) Irish Legal System - PDF_2
2 IRISH LEGAL SYSTEMbeen established as the only legislative body of Ireland and Great Britain in London. Until theIrish free state had been established in 1922 the government power had been centralized inLondon. Reforms had been introduced by the Supreme Court of Judicature Act, 1873 along withits Irish from in 1877. The legislations combined the governance of equity and common lawtowards the creation of a unified system of courts. The establishment of the Supreme Court ofJudicature had been initiated which consisted of High Court of Justice having appellatejurisdictions for the court of appeal and the local courts as well as original jurisdiction. Theultimate court of appeal for Ireland was still the Judicial Committee of the House of Lords. Thehigh court of justice of the country was situated in Dublin. There were also a few inferior courtsin addition to the superior courts. Antecedent to the high court was the court of assize whichdealt with most criminal and civil matters of high importance (Walsh 2016). The Irish Free State (Constitution) Act, 1922, had been passed by the Westminster whichrepealed the Government of Ireland Act, 1920 to the extent it was applicable on SouthernIreland. The constitution provided for a separation of power between the legislature, executiveand the judiciary. In relation to the judiciary a Supreme Court, High Court and courts of localprovided with limited jurisdictions had been established. A right of appeal had been providedfrom the Irish courts to Judicial Committee of the Privy Council. The Courts of Justice Act, 1924created District courts having professional judges rather than court of petty sessions. The circuitcourt had been provided jurisdiction of matters of a more serious nature and replaced the countycourts on the civil side. The high court had the same powers. A court of criminal appeal wasestablished to hear appeals from high and circuit courts. Further rights to appeal to the SupremeCourt were also provided which was preceded by the chief justice. The same structure had beenprovided by the 1937 Constitution and operates till the present day (Capra and Mattei 2015).
(Solution) Irish Legal System - PDF_3

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