爱尔兰法律体系介绍(Introduction_to_the_Irish_Legal_System)

Class Two Grade Six: Dai shen

This article forms the first of a series of four articles prepared by the Department of Foreign Affairs of Ireland in cooperation with the Embassy of Ireland in Beijing, aimed at providing information on Irish law and practice. What follows is an account of the primary features of the Irish legal system focusing on the sources of Irish law. Forth coming articles will provide information on the courts system and the role of the judic iary, the legal profession, the practice and substance of intellectual property law in Ir

eland, and particular cases of interest.

The Irish Legal System

Ireland’s legal system is somewhat unique. While it is derived from the English c ommon law tradition, the past seventy years have seen the Irish legal system underg o a process of dynamic development at the initiative of both the judiciary and the legi slature. The achievement of independence in 1921 marked a break from the British sy stem and was followed by the enactment of the Irish Constitution by the People in 19 37. This laid out the fundamental principles upon which the State was to be governed and also incorporated extensive fundamental rights provisions. Changes to the legal s ystem have been introduced as a consequence of Ireland’s membership of the Europea n Union, the most significant of which has been the subordination of national law to European law within its sphere of competence.

The Constitution

The Irish Constitution was adopted by popular referendum in July 1937 and is th e superior law of the State. Its Irish language title is ‘Bunreacht na hEireann’ which means ‘basic law of Ireland’ and any common law or legislative rule which is found to be in conflict with it is invalid and consequently without legal effect. It can be divide d into two parts, the first of which establishes the legislative, executive and judicial o rgans of the State. The Constitution insists upon a strict separation of powers betwee n these three organs of State. The second part articulates certain fundamental rights of the citizen which the State guarantees in and by its laws, to respect, defend and vi ndicate. The task of interpreting and upholding the Constitution has been entrusted to the Courts which have therefore had a significant role in shaping the social policy of the State. Similarly, the Courts have been instrumental in developing the doctrine of u nenumerated rights which has its basis in the Constitution. It may also be of interest to note the recent incorporation of the European Convention for the Protection of Hu man Rights and Fundamental Freedoms which has introduced a new set of legal oblig ations for the State within the area of human rights. In the exercise of their judicial f unction the Courts are absolutely independent and subject only to the Constitution an d the law. Conclusion As can be seen, Irish law is derived from a variety of sources which operate on different levels. The task of the Irish lawyer therefore is to integrat e these sources in a coherent manner in the practice of law.