An Analysis of the Irish Legal System: A Comparative Report with Spain

This report provides a comprehensive overview of the Irish legal system, tracing its historical roots from the indigenous Brehon law system to the influence of English common law. The report details the evolution of the Irish legal system, including key legislative acts and constitutional changes. A comparative analysis is then undertaken, contrasting the Irish system with the Spanish legal system, focusing on court structures, sources of law, and the role of jurisprudence. The report highlights the advantages and disadvantages of each system, emphasizing the differences in the hierarchy of norms, treatment of evidence, and the binding effect of precedents. The analysis also explores the impact of common law versus continental law traditions on the legal frameworks of Ireland and Spain. The report concludes by summarizing the key distinctions and similarities between the two systems, offering insights into their respective strengths and weaknesses.

Running head: IRISH LEGAL SYSTEM
Irish Legal System
Name of the student
Name of the university
Author note

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Part A
Ireland had a own indigenous legal system prior to the English rule which existed since
the Celtic times and survived till the 17th century where finally the English common law system
supplanted it. The indigenous system of law which was present in Ireland was known as the
Brehon law system. The system had its origin from customs which were provided by one
generation to the next generation. This law had been initially written down in the 7th century and
was governed by Brehons (or brithem). The roles of Brehons were closely related to that of an
arbitrator and similar to that of the judges. They had the role off interpreting and preserving the
law instead of expanding it (Mhuirthile O'Sullivan and Thornton 2016). The law in many aspects
was quite progressive in nature. The law recognized equal rights for both the genders and also
concerns in relation to the environment. The law also had well defined penalties and offences in
relation to criminal law (Graf 2016). The law incorporated the principles of restitution rather
than punishments. The crime of bodily injury and homicides were determined though a specific
scale in from of eric fines. No capital punishment was provided in this legal system. There was
no police force or a court system in this law which made it clear that the law was respected by all
citizens (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 military
campaign by Oliver Cromwell consolidated the dominance of English law in Ireland. Poyning’s
law 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 catholics
which provided them limited rights to pactice at bar and vote. The Act of Union, 1800 was
passed through which the Irish parliament had been dissolved and Westminster Parliament had

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been established as the only legislative body of Ireland and Great Britain in London. Until the
Irish free state had been established in 1922 the government power had been centralized in
London. Reforms had been introduced by the Supreme Court of Judicature Act, 1873 along with
its Irish from in 1877. The legislations combined the governance of equity and common law
towards the creation of a unified system of courts. The establishment of the Supreme Court of
Judicature had been initiated which consisted of High Court of Justice having appellate
jurisdictions for the court of appeal and the local courts as well as original jurisdiction. The
ultimate court of appeal for Ireland was still the Judicial Committee of the House of Lords. The
high court of justice of the country was situated in Dublin. There were also a few inferior courts
in addition to the superior courts. Antecedent to the high court was the court of assize which
dealt with most criminal and civil matters of high importance (Walsh 2016).
The Irish Free State (Constitution) Act, 1922, had been passed by the Westminster which
repealed the Government of Ireland Act, 1920 to the extent it was applicable on Southern
Ireland. The constitution provided for a separation of power between the legislature, executive
and the judiciary. In relation to the judiciary a Supreme Court, High Court and courts of local
provided with limited jurisdictions had been established. A right of appeal had been provided
from the Irish courts to Judicial Committee of the Privy Council. The Courts of Justice Act, 1924
created District courts having professional judges rather than court of petty sessions. The circuit
court had been provided jurisdiction of matters of a more serious nature and replaced the county
courts on the civil side. The high court had the same powers. A court of criminal appeal was
established to hear appeals from high and circuit courts. Further rights to appeal to the Supreme
Court were also provided which was preceded by the chief justice. The same structure had been
provided by the 1937 Constitution and operates till the present day (Capra and Mattei 2015).

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Part B
This part of the paper critically analyzes the Irish legal system in the light of the court
system and the sources of law by comparing it to the legal system of Spain.
The Modern law in Ireland is based on the concept of common law which has its origins
from the system which was applicable in Medieval England and which is in use by mostly all the
jurisdictions which have been influenced by the British. The common law system is said to have
originated from 1066AD where the battle of Hastings was won by William I. He made an
attempt to centralize the administration of justice and held that legal matters should be resolved
by common customs and thus common law was originated. On the other hand Spanish law
comprises of continental law which has its origin from the roman legal system along with
canonical and Germanic law. This is the form of law which most European countries under along
with the territories which have been colonized by them. The primary sources of Spanish law are
customs and general principles of law. However were in Irish law jurisprudence is a source of
law, in Spanish law jurisprudence is not considered as a source of law (O'Donnell 2016).
Unlike Ireland in Spanish law jurisprudence only supplements the legal system.
Jurisprudence on the other hand has a binding effect on Irish law. Thus any judge in Ireland is
not allowed to depart from the decision which has been taken by the previous judges. In Spanish
law precedents do not effectively bind the decisions taken by the judges. This situation has its
own advantages and disadvantages for the Irish legal system. on one had the concept ensures
certainty and prevents judicial activism on the other hand it makes the judges to implement the
law in the same which has been done previously even where it provides derogative result
(Novak 2016). The judge in a continental system has the right to address a case in the most

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suitable and fair manner and set aside a majority case law. The hierarch of norms present in
Ireland is very similar to the concept of priority of rules in Spain. Fundamental rights of citizen
and public powers are regulated by both the constitutions. The constitution in both the kind of
legal system is adjudged as supreme which determines the legal principles. The high court in
Ireland and the constitutional court in Spain also have the same functions of ensuring legal
compliance with the constitution. One of the primary advantages which the Irish legal system has
over the Spanish legal system is that the system is less complex as it does not constitute different
legal systems coexisting. Both the legal systems have courts in organized hierarchy.
A decision of the lower court can be appealed against at an higher court which evidently
has its own advantages and disadvantages. On one had the system ensures right to fair hearing
and on the other hand it makes the judicial process longer. In relation to civil matters the Irish
legal system provides more flexibility with respect to evidence as compared to the Spanish
system. In the Spanish system the claim has to be fully argued in the initial document with all
facts, case laws and evidence and on the other hand in the Irish system evidence can be
submitted even in the latter stages of the proceedings (Wigmore 2015). Thus the Irish legal
system has both advantages and disadvantages as compared to the system in Spain.

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References
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Ní Mhuirthile, T., O'Sullivan, C. and Thornton, L., 2016. Fundamentals of the Irish Legal
System: Law, Policy & Politics.
Novak, M., 2016. Historical Types of Law. In The Type Theory of Law (pp. 49-70). Springer,
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O’Neill, T.P., 2016. Book review: An Island’s Law: A Bibliographical Guide to Ireland’s Legal
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O'Donnell, D., 2016. Irish Legal History of the Twentieth Century.
Walsh, D., 2016. Raising the Age of Criminal Responsibility in the Republic of Ireland: A
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Wigmore, J.H., 2015. Louisiana: The Story of its Legal System. Tul. L. Rev., 90, p.529.