Historical Development of Irish Law

Law McGrath Historical of Irish Development Law

The History of the Law in Ireland

  • Broken down into two areas:

    • Development of the common law system in England.

    • History of the law in Ireland, including the reception/incorporation of the common law system.

Development of the Common Law System

Common Law Introduction

  • Brought to Ireland in the 12th century by Normans post-1066 conquest.

  • William the Conqueror:

    • First king to unify law systems in England.

    • Shires had informal local courts and trial by ordeal until his reign.

Central Authority of Law

  • Purpose:

    • Reinforce the king's power and establish order.

    • Created the Curia Regis to travel the realm and address grievances.

    • Judges were appointed to dispense justice, marking the inception of common law.

Henry II's Role (1154-1189)

  • Focused on centralizing law after a period of disruption:

    • 1166: Declaration of Assizes initiated the transformation of English law.

    • Judges traveled to dispense royal justice, relocating some cases to London.

Judicial Developments

  • Emergence of national jurisdiction promoting impartiality.

  • Introduction of stare decisis (precedent):

    • Recording of decisions led to reliance in future cases.

    • The requirement of a writ to commence legal action (1258 Provisions of Oxford).

    • Lord Chancellor examined writs, further establishing the judicial framework.

Equity in the Legal System

  • Emergence of appeals to the King, noting:

    • King as absolute law-maker; parliamentary supremacy not established until the 16th century.

  • Resulted in development of a separate court system known as the Court of Chancery.

Characteristics of Common Law Criticism

  • Common Law challenges:

    • Slow, expensive, and technical system.

    • Issues with the writ system and available remedies.

    • King continued addressing petitions, initially brought to him, but redirected to the Chancellor.

Chancellor's Role

  • Chancellor addressed petitions based on moral fairness, diverging from strict Common Law precedents.

  • Principles and rules did evolve within this system.

Maxims of Equity

  • Key principles governing equity:

    • "Equity will not suffer a wrong to be without a remedy."

    • "Equity follows the law."

    • "He who seeks equity must do equity."

    • "He who comes to equity must come with clean hands."

    • "Equity looks to the intent rather than the form."

Establishment of Separate Courts

  • 1474 marked the establishment of a separate Court of Chancery, independent from the King’s Court.

  • Introduction of new procedures, rights, and remedies.

Creation of Equity

  • Innovations attributed to equity:

    • Trusts, Equity of Redemption, Equitable Remedies (e.g., Specific Performance, Injunctions).

Conditions for Equitable Remedies

  • Requirements for relief in equity:

    • Remedy not available through Common Law.

    • Claimant must be without blame.

    • Timely claim submission required.

Clash and Fusion of Legal Systems

  • Clash between Common Law and Equity:

    • Equity temporarily overruling Common Law decisions.

    • Notable legal cases influencing this dynamic (e.g., Earl of Oxford’s Case).

Fusion of Systems

  • Response to criticism of equity:

    • 1850 Royal Commission established to address perceptions of equity.

    • 1854 Common Law Procedure Act enabled equitable remedies in common law courts.

    • 1870s Judicature Acts resulted in the integration of both systems.

Historical Periods of Irish Legal System

  • Four distinct periods of Irish legal history:

    • Brehon Law (pre-1169).

    • From the Norman invasion to c. 1600.

    • c. 1600-1922: dominance of English common law.

    • Post-1922: Irish Free State establishment and subsequent developments.

Brehon Law Context

  • In pre-Norman arrival, Brehons—Irish jurists—interpreted law.

  • Brehon law was documented in Irish language, challenged by English legislation.

Governance under Brehon Law

  • Regulated:

    • Social structure divided into classes associated with tribal families.

    • Property holdings, tenancy, and inheritance.

    • Judicial administration emphasizing compensation and justice practices.

Development of English Law in Ireland

  • 1169-1170: Introduction through the Anglo-Norman invasion under Strongbow.

  • 1171: Henry II asserts legal framework through visiting Ireland (Curia Regis).

  • Establishing English law as foundational by Law of Waterford Council.

Early Legal Infrastructure

  • 1172–1331 marked key appointments and practices:

    • Hugh de Lacy as Justiciar (Chief Governor).

    • 1331: Common Law purportedly applied throughout Ireland on paper.

Legislative Framework

  • 1366: Statutes of Kilkenny reaffirming English legal supremacy.

  • 1494: Poynings' Law asserting English dominance.

Penal Laws Overview

  • 1695-1829: Enacted to restrict rights, development hampered.

Political Evolution

  • 1719-1783 pivotal years regarding Westminster's legislative authority.

  • 1800: The Act of Union consolidating Westminster's legislative power.

Home Rule Movement & Political Milestones

  • 1910s: Shifts in governance with the Irish War of Independence.

  • 1921: Establishment of new parliament systems leading towards independence.

Establishment of the Irish Free State

  • December 1922 heralded the foundation of the Irish Free State with a new legal framework.

  • 1922 Constitution integrating pre-existing British law conditions.

Constitutional Changes

  • Amendment and establishment of a new constitution in 1937 leading to greater autonomy.

Recent Developments in Legal Status

  • 1948: Republic of Ireland Act.

  • 1973: Ireland joining EEC post-refendum.

  • 1998: Good Friday Agreement establishing new political frameworks.