Legal Systems, Sources of Law and Court Structure
Legal Systems, Sources of Law and Court Structure
This section tests how Irish law is made, ranked and applied, and which court can hear which dispute. Expect questions on precedent, statutory interpretation, EU/Constitutional supremacy and court jurisdiction limits.
Hierarchy and sources
- Bunreacht na hÉireann 1937 is supreme; legislation repugnant to it is invalid. EU law operates within the Treaties and, since the European Communities Act 1972, is part of Irish law; Irish courts apply consistent interpretation and may make Article 267 TFEU references.
- Order of authority: Constitution; EU law within competence; statutes and statutory instruments; common law and equity. Equity supplies remedies such as injunction, specific performance and rescission, but does not contradict statute.
- Precedent: the ratio decidendi binds lower courts; obiter dicta persuade only. The Supreme Court may depart from its own previous decisions where warranted; the Court of Appeal binds the High Court and lower courts.
- Interpretation: literal, golden, mischief and purposive approaches; presumptions against retrospectivity and against interference with vested rights.
Court structure
- District Court: civil claims generally up to €15,000; summary criminal; family and child matters; appeals go to Circuit Court.
- Circuit Court: civil claims generally up to €75,000; jury in certain actions; appeals from District are de novo.
- High Court: unlimited civil jurisdiction, judicial review, serious crime; Court of Appeal hears appeals; Supreme Court final appeal.
Worked example
A supplier sues a retailer for €14,000. The claim is within District Court jurisdiction, but the retailer counterclaims €40,000. The District Court may transfer the proceedings to the Circuit Court because the counterclaim exceeds its limit; the original claim alone does not decide venue.
Traps
Do not treat every High Court remark as binding; distinguish ratio from obiter. Do not assume equity overrides statute. Jurisdiction limits are exclusive of interest and costs, so check the claim value carefully.