Keith Mack
Ireland has a common-law legal system, which means that Irish courts are bound by the doctrine of stare decisis to apply clear precedents set by higher courts and courts of co-ordinate jurisdiction. The main exception to this rule is that the Supreme Court has declared itself not to be bound by its own previous decisions. The law of Ireland consists of constitutional, statutory, and common law, with the Constitution of Ireland being the highest law in the State. The Irish Courts system includes five tiers of courts, with the Supreme Court being the highest court and the court of final appeals in civil and criminal matters.
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What You'll Learn
Ireland's indigenous law
Ireland has a common-law legal system with a written constitution. The highest law in the state is the Constitution of Ireland, enacted in 1937, from which all other laws derive their authority. The country's legal system provides for a parliamentary democracy based on the British parliamentary system, with a popularly elected president, a separation of powers, a developed system of constitutional rights, and judicial review of primary legislation.
Prior to English rule, Ireland had its own indigenous system of law, known as Brehon law, dating back to Celtic times. Brehon law was administered by Brehons, or brithem, who were the successors to Celtic druids. While similar to judges, their role was closer to that of an arbitrator, as they were tasked with preserving and interpreting the law rather than expanding it. Brehon law recognised divorce and equal rights between genders, and it also showed concern for the environment. In criminal law, offences and penalties were defined in great detail. Brehon law was gradually replaced by English common law, a process that went hand-in-hand with English (and later British) influence in Ireland. During the reign of King James I, two court decisions in 1605 (Gavelkind) and 1607 (Tanistry) rejected the Brehon rules of succession, further eroding the Brehon law system. Oliver Cromwell's military campaign (1649-1652) and the subsequent conquest of Ireland marked the final supplantation of Irish customary law by English common law.
The Irish courts system includes five tiers of courts, with the Supreme Court at the apex, followed by the Court of Appeal and the High Court. The Supreme Court is the final court of appeals in civil and criminal matters. The Court of Appeal hears appeals from the High Court, which has full jurisdiction over civil and criminal matters.
Amendments to the Irish Constitution can only be made through a referendum, where a simple majority of voters is sufficient for a proposal to be passed. Once passed by the people, the President signs the referendum bill into law.
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The influence of English common law
Ireland has a common law legal system, which means that its laws are primarily based on judicial decisions rather than statutes. Common law, also known as case law, is deeply rooted in stare decisis, which means that courts follow precedents established by previous decisions. In Ireland, the common law was imported from England, replacing the customary law of the Irish. This process began in 1171 when King Henry II declared that "the laws of England were by all freely received and confirmed".
English common law was gradually imposed on Ireland as English influence in the country grew. In 1172, Henry II appointed Hugh de Lacy as the first Justiciar of Ireland, the king's representative, and in 1204, King John authorised the issuing of writs, directing the Irish courts to apply common law. In 1226, King Henry III ordered the Justiciar to adhere to English laws and customs, and a year later, a Register of Writs containing copies of all the writs issued by the English courts was sent to Dublin. The dominance of English law was consolidated by Oliver Cromwell's military campaign from 1649 to 1652, which forced many Irish landowners to resettle in Connaught.
English common law has also influenced the laws of many other countries, particularly former British colonies. For example, the law of India, Pakistan, and Bangladesh are largely based on English common law due to the long period of British colonial influence during the British Raj. Additionally, even after independence, many former British colonies in the Commonwealth continued to use the Privy Council, which offered a readily available high-grade service. English law has also influenced international law, particularly in the areas of shipping and maritime trade, with many international conventions incorporating principles derived from English common law.
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The Irish court system
Ireland operates a common law court system, with a hierarchy of courts in place to hear and determine civil and criminal matters. The Irish court system is a key part of the country's legal system and plays an important role in upholding the rule of law and administering justice.
At the apex of the Irish court system is the Supreme Court, which is the highest court in the land. The Supreme Court has final appellate jurisdiction, meaning it is the final arbiter of disputes and has the power to interpret the Constitution and declare laws invalid if they are found to be inconsistent with it. It hears appeals from lower courts and tribunals and is composed of the Chief Justice and nine ordinary judges. The Supreme Court sits in the Four Courts building in Dublin, a prominent and historic courthouse.
Below the Supreme Court are a number of other courts, each with their specific roles and responsibilities. The High Court is the next highest court and deals with a wide range of civil and criminal cases, including more serious criminal offences and appeals from lower courts. It also has the power to hear certain cases directly, such as those relating to the interpretation of the Constitution and challenges to the validity of laws. The High Court is based in Dublin but can sit elsewhere in the country as needed.
The Court of Appeal is a relatively new addition to the Irish court system, having been established in 2014. It hears appeals from decisions of the High Court and certain other courts and tribunals. The Court of Appeal plays an important role in streamlining the appeals process and reducing the workload on the Supreme Court. It is composed of a President and eleven ordinary judges.
Below these higher courts are a number of lower courts, such as the Circuit Court and District Court, which deal with less serious criminal matters and smaller civil claims. These courts are often the first point of contact for many people with the Irish legal system, and they play a crucial role in administering justice at a local level. The Circuit Court also has a specific role in hearing appeals from certain lower courts and tribunals.
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The Irish Constitution
The Supreme Court is the highest court in Ireland and the final court of appeal in civil and criminal matters. It is not bound by its previous decisions. The Court of Appeal hears appeals from the High Court in civil and criminal matters, while the High Court has full jurisdiction to determine all matters on civil or criminal questions. The Constitution also provides for the establishment of courts of local and limited jurisdiction, such as the Circuit Court and the District Court.
The District Court has jurisdiction in matters of family law, including maintenance, custody, and access to children, as well as domestic violence. It is also a court of summary jurisdiction for minor criminal offences and has the authority to grant bail in most cases. The Circuit Court has appellate jurisdiction over matters arising in the District Court and jurisdiction in civil matters where the claim exceeds the District Court's limit.
The law of Ireland includes constitutional, statutory, and common law. While Ireland has a common-law system, it shares a legal heritage with Northern Ireland and has similarities with English law in many areas. Ireland's common-law system is influenced by its history, including the pre-existing indigenous Brehon Law, which was replaced by English common law during the Cromwellian conquest of Ireland in the 17th century.
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Irish law and the UK/EU
Ireland has a common law legal system, with sources of law including the Constitution, legislation, case law, and EU law. The Irish court system includes five tiers of courts, with the Supreme Court at the apex. The Irish legal profession is organised into barristers and solicitors, similar to England, Wales, and Northern Ireland. Irish commercial practice is heavily influenced by UK commercial practice, and the precedents and forms of agreement in commercial law in the Republic of Ireland are largely based on those in the UK.
Historically, Ireland had its own indigenous system of law, known as Brehon Law, which dates back to Celtic times. However, during the 17th century, English common law gradually replaced Brehon Law. In 1171, King Henry II declared that "the laws of England were by all freely received and confirmed." Over time, English law was imposed more rigorously, with King John authorising the issuing of writs directing Irish courts to apply common law in 1204, and King Henry III ordering the Justiciar to adhere to English laws and customs in 1226.
The Constitution of Ireland, enacted in 1937, is the highest law in the state, and any amendments to it must be approved by referendum. The European Communities Act of 1972, as amended, provides that treaties of the European Union are part of Irish law, along with directly effective measures adopted under those treaties. Ireland's relationship with EU law has been a subject of complex constitutional debates, and the country's rules governing the transfer of powers to the EU are considered unique.
In the context of Brexit, Ireland's alignment with EU law has been a key consideration, particularly regarding the Windsor Framework and its impact on Northern Ireland. The Windsor Framework, adopted in March 2023, established mechanisms for the Northern Ireland Assembly to have a say in the application of new EU laws within its scope. This includes the Stormont Brake, which allows the Assembly to notify the UK government of its wish to pull the "emergency brake" on an EU law.
In summary, Ireland has a common law system with close ties to UK law, particularly in commercial practice, and a unique relationship with EU law shaped by constitutional debates and Brexit-related developments.
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Frequently asked questions
Ireland is a common law country.
The main source of law in Ireland is the Constitution, which outlines the structure of the court system and is the highest law in the state.
Other sources of law in Ireland include legislation, case law, and EU law.
Common law places greater emphasis on previous court decisions, while civil law is based on Roman law and the legal framework put in place by Napoleon Bonaparte.
Ireland's common law system was imported from England, supplanting the country's indigenous Brehon law, which was a progressive and sophisticated early Irish legal system.
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