Sources of Law & the Legislative Process

Question 1

what are the primary sources of law?

Answer 1

-The Constitution
-Legislation
-Common law
-European law

Question 2

what is the constitution?

Answer 2

written document embodying the most important laws of the State

Question 3

laws conflicting with the constitution are what?

Answer 3

unconstitutional

Question 4

how can the constitution be amended?

Answer 4

only by a referendum

Question 5

what are the contents of the constitution?

Answer 5

• 50 Articles
• Articles 1-39 – administrative in nature
• Articles 40-44 – fundamental rights

Question 6

what does Article 0.3.1 state?

Answer 6

The State guarantees in its laws to respect, and, as far as
practicable, by its laws to defend and vindicate the personal rights of the citizen

Question 7

what does Article 40.3.2 state?

Answer 7

The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name and property rights of every citizen

Question 8

what does article 15.2.1 vest?

Answer 8

sole and exclusive power of making laws for the State in
the Oireachtas (Dáil, Seanad and President)

Question 9

If Oireachtas enacts a law contrary to the Constitution, what does this mean?

Answer 9

law is invalid and can
be struck down by courts

Question 10

what may the president do if they deem the law to be unconstitutional?

Answer 10

refer bill to Supreme Court under Article 26

Question 11

what is common law?

Answer 11

case law developed by judges

Question 12

what are the primary sources of EC law?

Answer 12

• Treaties establishing the European Communities
• Regulations, directives and decisions
• Case law of CJEU

Question 13

what are the secondary sources of Irish law?

Answer 13

-Custom
-International law
-Canon law
-Legal writings
-Intellectual influences

Question 14

what is delegated legislation?

Answer 14

rules or law as laid down by some person or body under authority delegated by legislation

Question 15

what is custom law?

Answer 15

Habitual practice which has acquired legal force by reason of continuous
practice and general acquiescence

Question 16

what must custom law be?

Answer 16

• Must be certain reasonable and continuous
• Must exist in a particular locality in respect of a particular matter

Question 17

what approach does Ireland take to international law?

Answer 17

-Ireland takes dualist rather than monist approach to international law
- Binding on Ireland but not in Ireland

Question 18

what is Canon law?

Answer 18

law of the Christian Church

Question 19

what are the two categories of legislation?

Answer 19

-primary
-secondary

Question 20

what is primary legislation?

Answer 20

-Acts to amend the Constitution
-Public General Acts
-Private Acts

Question 21

what is secondary legislation?

Answer 21

-Statutory Instruments
-Ministerial Regulations

Question 22

where does legislation begin?

Answer 22

in a department of the Civil Service
in the form of a memo.

Question 23

if approved by the government, a summary of the proposed
contents is drawn up and sent to who?

Answer 23

the parliamentary draftsmen

Question 24

If the draft bill is
approved by the government, what happens?

Answer 24

it is printed up by the government printers on white paper

Question 25

After final governmental approval, where is the legislation sent?

Answer 25

to the Bills Office and printed on green paper (Dáil) or yellow paper (Seanad)

Question 26

money bills may only be initiated where?

Answer 26

the Dáil

Question 27

in the event of disagreement between the houses, what can happen?

Answer 27

the Dáil may overrule the Seanad – Article 23. Article 24 allows an abridgement of the Seanad’s time for considering bills in the case of a public emergency

Question 28

how many stages are bills considered?

Answer 28

5

Question 29

When all five stages have been completed in one house, what happens?

Answer 29

the bill is sent to the other house, where it is exempt from the first stage

Question 30

what happens in the first stage of a bill within a house?

Answer 30

Leave to Introduce Bill/Introduction by way of Presentmen

Question 31

what happens in the second stage of a bill within a house?

Answer 31

General Debate

Question 32

what happens in the third stage of a bill within a house?

Answer 32

Committee stage. Three types of committee – committee of the whole house, special committee and select committee.

Question 33

what happens in the fourth stage of a bill within a house?

Answer 33

Amendments made at Committee stage are reviewed.

Question 34

what happens in the fifth stage of a bill within a house?

Answer 34

Vote on whether to pass bill

Question 35

Once passed by both houses, the Taoiseach presents the bill to who?

Answer 35

the President for signature

Question 36

what does Article 26 mean?

Answer 36

If the president doubts the constitutionality of a bill they may refuse to sign and send it to the Supreme Court

Question 37

what does Article 27 mean?

Answer 37

If the president receives a petition signed by a majority of the Seanad and not less than one-third of the Dáil stating that the bill contains a “proposal of national importance” and that “the will of the people should be ascertained”, she must refuse to sign

Question 38

what is the private members bill?

Answer 38

Bill sponsored by a member of the Oireachtas who is not a minister, minister of state, the Attorney General or the leader of the Seanad

Question 39

what is private legislation?

Answer 39

Creates law for particular individuals or groups of individuals rather than for the entire state.