Examines the Irish legal system in a clear and accessible manner
This new edition of Fundamentals of the Irish Legal System continues to examine key features of the Irish legal system in a clear and accessible manner. Readers are invited to think more deeply and critically about the interlinkages between law, policy and politics of the Irish legal system. How law and society interact to shape and change each other is a key underlying theme of this text.
Key Features
- Explains and critically assesses how Irish law is made, interpreted and applied.
- Analyses what the law is, the concept of the rule of law, sources of law, the civil and criminal jurisdiction of courts, the place of international and European Union law in the Irish legal system, alternative dispute resolution, the role of judges and legal practitioners, the Irish administrative state and judicial review, as well as access to justice in the Irish legal system.
- Explains the intricacies of the Irish legal system while providing contextual analysis and discussion of key areas and controversies.
- Embeds skills-based approaches to legal study, identifying approaches to find, read, analyse and critique legislation, case law, texts and journal articles, so that students can put their knowledge into practice.
Key Learning Features
- Logical and clear engagement with the fundamentals of the Irish legal system.
- Practical and up-to-date analysis on developments within the Irish legal system.
- Dedicated legal insight sections within chapters to assist students in understanding law within its societal context.
New to this Edition
- All chapters have been revised and rewritten to incorporate the most up-to-date recent legal developments.
- Greater engagement with the concept of the rule of law in light of international, European and Irish developments.
- Developments within Irish constitutional law, such as O'Sullivan v Sea Fisheries Protection Authority [2017] IESC 75 (principles and policies test), Friends of the Irish Environment v Government of Ireland [2020] IESC 49 (derived rights) and Heneghan v Minister for Housing, Planning and Local Government [2023] IESC 7 and [2023] IESC 18 (suspension of declaration of unconstitutionality).
- Key legislative reforms across various chapters, including the operation of the Legal Services Regulation Act 2015, proposed changes to systems of criminal and civil legal aid, and changes to the appointment of judges in Ireland.
- Also examined are the introduction of new formal law reform processes such as the Constitutional Convention and Citizens' Assemblies.
About the Authors
Dr Tanya Ní Mhuirthile BCL (N.U.I.); M.DRA (R.S.A.M.D); LLB (N.U.I.); Ph.D. (N.U.I.); PGDipTE (Q.Q.I.) is an Associate Professor in Law in the School of Law, Dublin City University.
Dr Catherine O'Sullivan BCL, LLM (N.U.I.); Ph.D. (Osgoode Hall, York University) is a Senior Lecturer in Law in the School of Law, University College Cork.
Dr Liam Thornton BCL (INT.) (N.U.I.); Pg.CHEP (Ulst.); Ph.D. (N.U.I.); F.H.E.A. (UK) is an Associate Professor in Law in the School of Law, University College Dublin.
Table of Contents
- Chapter 1: Introduction
- Chapter 2: The Rule of Law and Sources of Law
- Chapter 3: The Irish Constitution
- Chapter 4: Legislation
- Chapter 5: Common Law and the Doctrine of Precedent
- Chapter 6: European Union Law and Public International Law in the Irish Legal Order
- Chapter 7: The Legislative Process in Ireland
- Chapter 8: Law Reform
- Chapter 9: The Irish Courts System and Alternative Dispute Resolution
- Chapter 10: Law and the Irish Administrative State
- Chapter 11: The Judiciary
- Chapter 12: Legal Practitioners in Ireland
- Chapter 13: Access to Justice in Ireland
- Chapter 14: Researching Law
- Chapter 15: Reading Law
- Chapter 16: Legal Writing and Advocacy
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