structure of Irish legal system

business law

constitution

sets out states most fundamental rules, all laws derive from it

3 parts of constitution

• rules dealing with structure, composition, functions and interrelationships of the principal organs of state. found in articles 1-39

• provisions setting out fundamental rights 40-44

• preamble - state national beliefs, ideals or aspirations

organs of state

• article 15 - legislature

• article 28 - executive

• articles 34-38 - judiciary

legislature

parliament aka oireachtas, made up of the dail, the Seanad and the president. creates law in the form of legislation. signed into law by president

executive

known as government, toaiseach and 14 ministers. makes policy and applies it

judiciary

consists of judges of Irish courts. administers justice. decides on cases and interprets law

separation of powers

solution to problem if abuse of power occurs. too much power were concentrated in one organ of state

the rule of law

• everyone is subject to the law

• the law must be public and precise

• law must be enforced by some independent body, principally the court system

nullum crimen sine lege

no crime without law

nullum poena sine lege

no punishment without law