‘Write a short essay critically and concisely discussing the binding sources of law in modern Ireland.’
Binding sources of law in Irish law are the sources created by the binding authorities, that is to say the rules which must be followed in adjudication. Adjudication is the fact that the judicial decision is binding on the parties involved in a case. Binding authorities must be distinguished from persuasive authorities. Sources coming from persuasive authorities can eventually be followed in certain circumstances. There is a hierarchy in the sources of Irish law. Thus, the sources that are going to be studied in this essay are European law, the Irish Constitution, International law, the Legislation and Case law. Ireland joined the
It is the most important written binding Irish source of law. Indeed, there is the constitutional review which is, according to the free dictionary: “A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles.” It is the High Court and the Supreme Court that have the power to do so. This judicial review can eventually be binding on all governmental organs or all courts. It can also be done after (a posteriori) or before (a priori) the promulgation of the law. Thus the Irish Constitution is superior to any Irish source of law such as primary and secondary legislation or even to International law as it is binding on all other sources of Irish law, except for the European law. The other binding source of law in Irish law is International law. Ireland having a dualist system, International law has to be transformed or incorporated into the national system. International law includes: treaties and conventions, custom, and general fundamental rights recognised by every sovereign state such as the principle of non-interference. The article 29 of the Constitution of Ireland section 3 stipulates that: “Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with