Wednesday, March 23, 2016

Guide to Irish Law

By Dr. Darius Whelan
Dr Darius Whelan is a lecturer in law at University College, Cork, Ireland. He established the Irish Law discussion list and the Irish Law web site (now at www.irishlaw.org) in 1994. He has written articles on electronic access to Irish law for the Irish Law Times, the Bar Review, the Internet Newsletter for Lawyers and the Irish Times.
First published in 2001 at www.llrx.com/features/irish.htm 
1st revised version - 2005 - www.nyulawglobal.org/globalex/Ireland.htm 
2nd revised version - 2010 - www.nyulawglobal.org/globalex/Ireland1.htm 

Visit www.llrx.com and www.nyulawglobal.org/globalex/ for guides to other legal systems
Table of Contents
Development of the Irish Legal System
The Irish Constitution of 1937
Primary Legislation: Acts of the Oireachtas
Secondary Legislation: Statutory Instruments
Courts and Case Law
Government Websites
Solicitors and Barristers
University Law Departments and Faculties
Irish Law Websites
Discussion Lists and Electronic Newsletters
Blogs
Books
Journals
Development of the Irish Legal System
Brehon Law was one of the earliest forms of law in Ireland and there have recently been attempts by the Brehon Law Project (see www.irishlaw.org/siteinfo/brehonlink.shtml) to revive interest in the subject. From the late twelfth century, Ireland was increasingly governed by English common law and by 1800 Ireland was fully integrated into the United Kingdom by the Act of Union passed in that year. A new Constitution in 1922 meant that twenty six counties became the independent �Irish Free State.� Six other counties in Northern Ireland remained part of the United Kingdom, and this has, of course, been the subject of great controversy since then. (See Sarah Carter and hester Swift�s Guide to the UK Legal System for information on Northern Irish law.)
Article 73 of the 1922 Constitution carried all previous UK law forward into Irish law, which explains why some pre-1922 UK statutes are still in force in Ireland. A similar provision is found in Article 50 of the 1937 Constitution.

The Irish Constitution of 1937
The full text of the Constitution of 1937 is available at various sites, for example the office of the Attorney General.
This Constitution, which remains in force today, renamed the State Ireland (Article 4) and established four main institutions � the President, the Oireachtas (Parliament), the Government and the Courts.
The President is the directly-elected Head of State but his/her powers are largely ceremonial. The President normally acts on the advice (instructions) of the Government. The Oireachtas (Parliament) consists of two Houses � the directly-elected D�il and indirectly-elected Seanad. The Government is the Executive and consists of the Taoiseach (Prime Minister) and Ministers. The most significant courts are the High Court and the Supreme Court. Descriptions of the powers of each of the institutions are available at the following sites:
The Constitution also contains a strong set of fundamental rights at Articles 40-44, e.g. rights to equality before the law, freedom of expression, freedom of religion, education, etc. The courts may issue binding decisions that legislation is unconstitutional if it breaches these fundamental rights.
The Constitution has been amended on numerous occasions, and each amendment requires a referendum. In 1972 the Constitution was amended to recognise Ireland�s membership of the EEC (now the EU) and there have been similar amendments to recognise major new European Treaties such as the Amsterdam Treaty of 1997. The Belfast Agreement led to major amendments in 1998. Divorce was introduced by constitutional amendment in 1995, and abortion has been the subject of controversial amendments in 1983 and 1992.
Ireland is also a member of the Council of Europe and has ratified the European Convention on Human Rights (ECHR). The provisions of the ECHR may be relied upon in domestic courts as a result of the European Convention on Human Rights Act 2003.

Primary Legislation: Acts of the Oireachtas
Approximately forty Acts of the Oireachtas are passed each year. These are available in print from the Government Publications Office- see contact details on the Irish Legal Publishers page.
In electronic form there are various sources:
  • The British and Irish Legal Information Institute (Bailii)
    Currently this site offers Acts as enacted from 1922 to date. Amendments are not incorporated into legislation, so great care must be taken in using this site to search for subsequent amendments of the Acts. Some sections of pre-1922 legislation which continues to apply in Ireland may be found by going to the Northern Ireland part of the Bailii site at www.bailii.org/nie/legis/num_act. An example is the Partnership Act 1890.
  • The Irish Legal Information Initiative  (Irlii)
    This site, orginally managed by Professor John Mee of University College Cork Law School, complements UCC's contribution to the Bailii project by providing recent Irish Acts.
  • The Law Reform Commission
    This site provides over 230 Revised Acts, which are administrative consolidations of Acts. It concentrates on frequently used legislation and is a very valuable resource for checking amendments to legislation.
  • The Attorney General�s Office - www.irishstatutebook.ie 
    This site provides access to the Acts from 1922 to date and crucially also the Legislation Directory, which lists amendments to date. It is also possible to a certain extent to see whether a particular section of an Act is actually in force by checking the Commencement Orders section of the Legislation Directory.
  • The Houses of the Oireachtas
    Here you will find all Acts passed from 1992 to date, as well as all Bills published from 1997 to date. The site lists legislative history of Bills to date, including links to all relevant Parliamentary debates.

Secondary Legislation: Statutory Instruments
Most subordinate legislation is made by Government Ministers under powers conferred on them by Acts. Approximately 500 pieces of subordinate legislation are passed per year. Electronic access is provided at the following sites:
  • The British and Irish Legal Information Institute  (Bailii)
    Contains subordinate legislation passed from 1922 to date. There is no list of amendments.
  • The Attorney General�s Office - www.irishstatutebook.ie.  
    Offers Subordinate Legislation from 1922 to date. The site now contains lists of amendments to subordinate legislation from 1999 onwards – choose Legislation Directory > Secondary Legislation. Some assistance regarding older SIs is provided in print form by Richard F. Humphreys’ Index to Irish Statutory Instruments (3 volumes, 1988).
  • Selected Statutory Instruments 2002 to date are available on the Irish Legal Information Initiative (Irlii) website. 

Courts and Case law
The main courts website is at www.courts.ie and contains a particularly useful Frequently Asked Questions section (under 'About Us').
The principal printed series of reports are the Irish Reports and Irish Law Reports Monthly, cited as �IR� and �ILRM� respectively. Many cases remain unreported and are kept in the libraries of the main Universities or professional bodies. For electronic access to reported and unreported cases, see the following:
  • British and Irish Legal Information Institute  (Bailii)
    The most significant data here are in the Supreme Court (�IESC�) and High Court (�IEHC�) directories. The database is not comprehensive so it is important to consult other sources.  The majority of cases date from 1997 (High Court) and 1998 (Supreme Court.)
    Bailii also provides access to decisions of the Competition Authority (�IECA�) and Information Commissioner (�IEIC�).
    In addition, Bailii also introduced vendor-neutral citations for the first time in Irish case-law, e.g. a Supreme Court case on Bailii may be cited as [2000] IESC 12.
  • Irish Legal Information Initiative (Irlii)
    This site provides a database of 'leading Irish cases' classified by subject, e.g. constitutional law cases include Attorney General v X (1992).  These cases are also available on the Bailii site.  Note also the Irlii index of cases.
    See also IRLII Latest Cases RSS News Feed -  
  • Courts Service Judgments Database
    Recent cases from the High Court, Supreme Court and Court of Criminal Appeal.  
  • Justis
    Fee-paying service which offers access to judgments on an ongoing basis.
  • Westlaw.IE
    Covers Irish Law Reports Monthly, Employment Law Reports, Irish Current Law Statutes Annotated, and various other material.
  • LexisNexis
    The �Ireland� library contains a large number of reported and unreported cases.
  • European case-law is available in various formats - see for example the European links at www.irishlaw.org/cases/.

Government Websites
The main Irish government website is at www.gov.ie and contains information from every Government department and most state bodies. The parts of most legal relevance, which have not been mentioned above, include:
Note also the Citizens' Information portal site, which provides summaries of relevant laws.

Solicitors and Barristers
Solicitors are educated and regulated by the Law Society. Many solicitors� firms have websites which are listed at www.irishlaw.org/practitioners/.
Barristers are educated by the King�s Inns and regulated by the Bar Council / Law Library. Only a few barristers have websites - see for example Kieron Wood�s atwww.irishbarrister.com.

University Law Departments and Faculties
The main University Law Departments and Faculties have websites listing staff interests, courses available, etc. Here they are in alphabetical order:
Law lecturing staff are also found at other third level institutes such as Institutes of Technology - see the list at www.heanet.ie/about/member_institutions.

Irish Law Websites
The major portal site, managed by the author, is the Irish Law Site hosted by University College Cork Law School at www.irishlaw.org . This site has been in existence since 1994 and contains links to all the major resources concerning Irish law, many of which have been mentioned above. It also includes a link to the searchable archive of IrishLaw discussion-list messages and the facility to join a low-traffic �Updates� list by filling in one�s name and e-mail address on the home page.  The long URL for the site iswww.ucc.ie/law/irishlaw/.
The site also includes a list of subject pages on areas such as Commercial Law, Family Law, Property Law and Tort.
Other important Irish law websites include the following:
Another online guide to Irish Law:

Discussion Lists and Electronic Newsletters

Blogs
See also the list of blogs and twitter feeds at www.irishlaw.org/blogs/.
Books
It is difficult to select the most important books on Irish law and those with a specific interest in a particular area would be well advised to search the online catalogues of major Irish universities (e.g. Trinity College Dublin�s catalogue) for comprehensive listings. What follows is a list of some of the more significant titles in recent years. See also the subject pages on the Irish Law site, e.g. Commercial Law, Criminal Law, etc.

General Books
  • Raymond Byrne and Paul McCutcheon, The Irish Legal System, 6th ed., Bloomsbury Professional, Haywards Heath, 2014. 
  • Brian Hunt, Murdoch's Dictionary of Irish Law, 5th ed., Bloomsbury Professional, Haywards Heath, 2009. 
  • Thomas O�Malley, Sources of Law: An Introduction to Legal Research and Writing, 2nd ed., Round Hall, Dublin, 2001.
  • Raymond Byrne and William Binchy, Annual Reviews of Irish Law, Round Hall, Dublin, 1987 to date.
  • Brian Doolan, Principles of Irish Law, 7th ed., Gill and Macmillan, Dublin, 2007.
Administrative Law
  • Gerard Hogan and David Gwynn Morgan, Administrative Law in Ireland, 4th ed., Round Hall, Dublin, 2010.
  • Fiona Donson & Darren O'Donovan, Law and Public Administration in Ireland, Clarus Press, Dublin, 2015.
Banking Law
  • Mary Donnelly, The Law of Credit and Security, 2nd ed., Round Hall, Dublin, 2015.
  • William Johnston et al, Arthur Cox Banking Law Handbook, Tottel, Haywards Heath, 2007.
Commercial and Consumer Law
  • Fidelma White, Commercial Law, 2nd ed., Thomson Round Hall, Dublin, 2015.
  • Mary Donnelly & Fidelma White, Consumer Law: Rights and Regulation, Round Hall, Dublin, 2014.
  • Michael Forde, Commercial Law, 3rd Edition, Tottel, Haywards Heath, 2005.
Company Law
  • Thomas Courtney, Law of Companies, 3rd ed., Bloomsbury Professional, Haywards Heath, 2012, with contribution from Brian Hutchinson.
  • Michael Forde & Hugh Kennedy, Company Law, 4th ed., Round Hall, Dublin, 2007.
  • Ronan Keane, Company Law, 4th ed., Tottel, Haywards Heath, 2007.
  • Irene Lynch Fannon & Gerard Murphy, Corporate Insolvency and Rescue. Bloomsbury Professional, Haywards Heath, 2012.
Constitutional Law
  • Gerard Hogan & Gerry Whyte, Kelly's Irish Constitution, 4th ed., Butterworths, Dublin, 2003.
  • Michael Forde & David Leonard, Constitutional Law of Ireland, 3rd ed.,Bloomsbury Professional, Haywards Heath, 2013.
  • James P. Casey, Constitutional Law in Ireland, 3rd ed., Round Hall, Dublin, 2000.
Contract Law
  • Robert Clark, Contract Law, 7th ed., Thomson Round Hall, Dublin, 2013.
  • Raymond Friel, Law of Contract, 2nd ed., Round Hall, Dublin, 2000.
Criminal Law
  • Liz Campbell, Shane Kilcommins & Catherine O'Sullivan, Criminal Law in Ireland: Cases and Commentary, Clarus Press, Dublin, 2010. 
  • Peter Charleton, Paul McDermott and Marguerite Bolger, Criminal Law, Butterworths, Dublin, 1999.
  • Conor Hanly, An Introduction to Irish Criminal Law, 2nd ed., Gill and Macmillan, Dublin, 2006.
Employment Law / Labour Law
  • Neville Cox, Val Corbett & Des Ryan, Employment Law in Ireland (Dublin: Clarus Press, 2009)
  • Frances Meenan, Employment Law, Round Hall, Dublin, 2014
  • Maeve Regan (ed.), Employment Law (Sussex: Tottel, 2009)
  • Brenda Daly & Michael Doherty, Principles of Irish Employment Law, Clarus Press, Dublin, 2010.
  • Michael Forde & Anthony Paul Byrne, Employment Law, 3rd ed. (Dublin: Round Hall, 2009)
Environmental Law
  • John Gore-Grimes, Planning and Environmental Law in Ireland, Bloomsbury Professional, Haywards Heath, 2011.
  • Yvonne Scannell, Environmental and Land Use Law, Round Hall, Dublin, 2006.
  • Áine Ryall, Effective judicial protection and the environmental impact assessment directive in Ireland, Hart, Oxford, 2009.
Equity and Trusts
  • Hilary Biehler, Equity and the Law of Trusts in Ireland, 6th ed., Round Hall, Dublin, 2016.
  • Aileen Keogan, John Mee & J.C.W. Wylie, Law and Taxation of Trusts, Tottel, Haywards Heath, 2007.
Evidence
  • Caroline Fennell, Law of Evidence in Ireland, 3rd ed., Bloomsbury Professional, Haywards Heath, 2009.
  • Liz Heffernan & Úna Ní Raifeartaigh, Evidence in Criminal Trials, Bloomsbury Professional, Haywards Heath, 2014
Family and Child Law
  • Louise Crowley, Family Law, Round Hall, Dublin, 2013.
  • Ursula Kilkelly, Children�s Rights in Ireland: Law, Policy and Practice, Tottel, Haywards Heath, 2008. 
  • Alan Shatter, Shatter's Family Law, 4th ed., Butterworths, Dublin, 1997.
  • Jim Nestor, An Introduction to Irish Family Law, 4th ed., Gill & Macmillan, Dublin, 2011.
Human Rights
  • Ursula Kilkelly (ed.), The ECHR and Irish Law, 2nd ed., Jordan Publishing, Bristol, 2009.
  • Fiona de Londras & Cliona Kelly, European Convention on Human Rights Act: Operation, Impact and Analysis, Round Hall, Dublin, 2010.
  • Suzanne Egan, Liam Thornton, Judy Walsh (eds), Ireland and the European Convention on Human Rights: 60 years and beyond, Bloomsbury Professional, Haywards Heath, 2014.
Information Technology Law
  • Denis Kelleher and Karen Murray, Information Technology Law in Ireland, 2nd ed., Tottel, Haywards Heath, 2007.
  • Maeve McDonagh & Mícheál O’Dowd, Cyber Law in Ireland, Kluwer, Alphen aan den Rijn, 2015.
  • Steve Hedley, Law of Electronic Commerce and the Internet in the UK and Ireland, Cavendish, London, 2006.
Intellectual Property Law
  • Robert Clark, Irish Copyright and Design Law, Bloomsbury Professional (ongoing looseleaf).
  • Robert Clark, and Shane Smyth & Niamh Hall, Intellectual Property law in Ireland, 2nd 3rd ed., Tottel, Haywards Heath, 20052010.
  • Eva Nagle, Intellectual Property Law, Round Hall, Dublin, 2012
  • Glen Gibbons, Trade Marks Law, Oak Tree Press, Dublin, 2009.
Medical and Mental Health Law
  • Deirdre Madden, Medicine, Ethics and the Law, 2nd ed., Bloomsbury Professional, Haywards Heath, 2011.
  • Simon Mills, Clinical Practice and the Law, 2nd ed., Tottel, Haywards Heath, 2007
  • Darius Whelan, Mental Health Law and Practice: Civil and Criminal Aspects, Round Hall, Dublin, 2009
  • Anne Marie O�Neill, Irish Mental Health Law, FirstLaw, Dublin, 2005
  • Mary Donnelly & Claire Murray (eds.). Ethical and Legal Debates in Irish Healthcare: Confronting Complexities, Manchester University Press, 2016.
Planning Law
  • Garrett Simons, Planning and Development Law, 2nd ed., Thomson Round Hall, Dublin, 2007.
  • John Gore-Grimes, Planning and Environmental Law in Ireland, Bloomsbury Professional, Haywards Heath, 2011.
  • Philip O'Sullivan & Katharine Shepherd, Irish Planning Law and Practice (Butterworths, 1991 with updates) (looseleaf)
Property Law
  • Fiona de Londras, Principles of Irish Property Law, 2nd ed., Clarus Press, Dublin, 2011. 
  • Paul Coughlan, Property Law, 2nd ed., Gill and Macmillan, Dublin, 1998.
  • Andrew Lyall with Albert Power, Land Law in Ireland, 3rd ed., Round Hall, Dublin, 2010.
  • Robert Pearce and John Mee, Land Law, 3rd ed., Round Hall, Dublin, 2011.
  • J.C.W. Wylie, Irish Land Law, 5th ed., Bloomsbury Professional, Haywards Heath, 2013.
Succession and Probate Law
  • Albert Keating, Keating on Probate, Round Hall, Dublin, 2015.
  • Albert Keating, Succession Law in Ireland, Clarus Press, Dublin, 2015.
Torts
  • Bryan McMahon & William Binchy, Irish Law of Torts, 4th Edition, Bloomsbury Professional, Haywards Heath, 2012.
  • Eoin Quill, Torts in Ireland, 4th ed., Gill and Macmillan, Dublin, 2014.

Journals
Most Journals are published by Round Hall and in the list below this is indicated by �RH� in brackets.  Full text of Round Hall journals is available in the fee-paying Westlaw.IEdatabase.
Journal articles up to 1983 are indexed in the following:
  • O'Higgins, Paul, A Bibliography of Periodical Literature Relating to Irish Law. Belfast: Northern Ireland Legal Quarterly, 1966.
  • O'Higgins, Paul, First Supplement to A Bibliography of Periodical Literature Relating to Irish Law. Belfast: Northern Ireland Legal Quarterly, 1973.
  • O'Higgins, Paul, Second Supplement to A Bibliography of Periodical Literature Relating to Irish Law. Belfast: SLS Publications, 1983.
From 1983 to 1997 there is no comprehensive index available although a few journals are indexed in the Index to Legal Periodicals and online at sites such as www.oclc.org.
From 1997 on, many journals are indexed in the excellent IRLII Periodicals Index, hosted by UCC Law Faculty at www.legalperiodicals.org.  

General Journals
Specialist Journals

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