There Are Four Main Sources Of Irish Law

There Are Four Main Sources Of Irish Law There are four main sources of Irish Law. Pick one of these sources and examine it in detail as it affects the Early Childhood Care and Education area. Law does not come from one source and can change with time. Previously Brehan Law was Irelands native law, up until it was replaced by Common Law when Ireland was taken over by Great Britain. Now post British rule Irish law is taken from The Irish Constitution, 1937, Legislation passed by our government (primary and secondary), Case law and European Union law, these are the main sources but some other sources are Public International law, Cannon law, custom, media and Scholarly writing. In order to examine Case Law in Ireland it is important first to explore the definitions of law, it s place in Irish society. It is necessary to be aware of the process of law making in Ireland, who it affects and how it is practiced and it is enforced. The name given to the science of law is Jurisprudence. The laws of nature have always existed but Legal laws are put there by humans. Moral and ethics can drive humans to regulate behaviour, e.g. to use manners and to wait in turn, to respect each others land and not to steal. Rules of moral value are sometimes governed by the good conscience and fear of other peoples opinions, in Irish societal history this is evident in the times of Roman Catholic influence and is greatly linked to religious beliefs, but most moral laws are also tied in and related with legal rules especially if they are seen to cause a harm to society. E.g. murder, rape, pollution. The collection of people forming the Irish society has a set of rules in which they must abide by. Laws are set for the common good of the society and by the society to ensure that a certain standard of behaviour is maintained by that society. Legal law in Ireland does not just cover harm to the society; it also regulates private human acts such as suicide, abortion and animal cruelty. These legal rules are enforced on society through the court system. If there were to be no law system in Ireland it would be faced with anarchy. Law can be defined as The written and unwritten body of rules, derived from custom, formal enactment or judicial decision, which are recognised as binding on persons who constitute a community or state, so that they will be imposed upon and enforced among those persons by appropriate sanctions. (Cited by Murdoch.) H, 1998) The Irish Constitution, 1937 as the main source of law in Ireland is a written document containing the rules that are applied to the state. It contains the fundamental rights of the Irish people and also the regulations for its Government, the regulations for administration of justice. It also holds regulations on the division between the judicial branches of the state and the executive legislative branches of the state. The constitution has enumerated rights to equality, to personal liberty, to life of the unborn and equally to the mother, to freedom of speech, freedom to associate, freedom of assembly, family rights and protection, Inviolability of the dwelling, the right to education(with parental primacy, freedom to private property, to religious freedom and to directive principles through social policy. Some rights that are also implied by the Constitution are the rights of the child, the right to know the identity of ones birth mother, the right to earn a living, the right to strike, the right to dissociate, the right to travel, the right to protect ones health, the right to bodily integrity, the right to marry and form a family, the right to communicate, the right to silence, the right to privacy, the right to life of the individual, the right to legal representation, the rights to fair procedures in decision making, the right to access to legal advice and the rights to fair procedure in decision making. The Constitution lays out all the important rights that the society needs in order to live positively and in harmony and it is up to the state to protect the rights of society by enacting legislation. Any legislation that does not protect the rights according to the constitution is not legally binding. Outside of European Law, the Oireactas is the name of the only place in Ireland that can make laws for the state. It consists of the President and Dail Eireann and Seanad Eireann (the two houses of Oireactas.) A new law starts as a bill which is a proposition for a new legislation which is usually initiated by the government who will have already consulted it with other bodies that it may affect. In some cases the government will set up a green paper containing its ideas and ask for views and feedback on those ideas from individuals and groups of people. This bill must pass through both the houses of Oireactas though it usually starts off in the Dail Eireann. The Dail will then examine and debate its contents and suggest changes or additions to the bill. The members will then vote on whether to pass the bill or not to pass it. The bill will then be travelled to the Seanad Eireann and they will go through the same process again. They can then decide to pass the bill without any changes needed, the can decide not to pass it at all or they may decide to send it back to the Dail Eireann with more changes to be discussed. If the Seanad dont agree with the bill or asks for the Dail to make more changes it will lapse 180 days later, but the Dail can still pass the bill within the deadline once it has passed through the both houses the Seanad only has the power of suggestion and of slowing the process down. The Taoiseach then passes the bill to the President of Ireland to be signed. The President has the ultimate power then to pass the bill, if the president thinks that the bill may be unconstitutional he/she is entitled to further consultation with the council of state. It is sent to the Supreme Court to be discussed further. If the president does sign the bill it becomes an Act which means it is a Legal/statute law. This law must stay consistent to the constitution or else it is not valid. Legislation can also be delegated to and implemented through use of statutory instruments; this is known as secondary legislation or subordinate legislation. This means some power is passed down to an executive authority to administer and implement the requirements that are needed to fulfil a primary legislation given by the legislature. The Childcare Act that was passed in 1991 is an example of a Primary Legislation. Examples of secondary legislation can be seen within The Childcare Act. In one part The 1991 Childcare Act stated that; The Health Service Executive has a duty to promote the welfare of children who are not receiving adequate care and protection. (Cited in Citizens Advice, 2008) This lead to The Childcare (Placement of Children in Foster Care) Regulations, 1995. The Childcare (Placement of Children in Residential Care) regulations, 1995, and The Childcare (Placement of Children with Relatives) regulations, 1995. Also under The Childcare Act; the HSE is given the responsibility of ensuring the health, safety and welfare of children attending pre-schools (Cited in Citizens Advice, 2010) from this the Pre-school Service Regulations 2006 and Garda clearance for employees in childcare were created. When a law is seen to be broken or infringed in Ireland it must be taken to court. The courts will look at the behaviour in question and the definition of the law in question and see if the facts add up to an offence. There are two different classifications of law in Irish society. They can be described as Private Law / Public Law or Civil/Criminal Law. Private law deals with the relationships of individual people within Ireland, whereas Public Law deals with the relationships between Ireland as a state and the individual. The purpose of private law/ or civil law is to protect the interests of the individual persons in Ireland and give them rights to defend their interests with. If an individual person is rightfully wronged by another they can defend their interests civilly and orderly, and resolve the dispute in court. Some examples of private law cases are ones that deal with Landlord and tenant issues, Custody issues, personal injury and breach of contract issues. In usual circumstances there is a money pay out, compensation or an injunction Public Law/ or criminal law is concerned with the relationships of the individual and Ireland as a state and is of collective interest to the Irish society. It deals with actions by a person that are forbidden by the Irish as a state and these actions are punishable through imprisonment, community service or fines. Acts such as murder, sale of drugs and sexual assaults are dealt with before the public courts. This is done in a public court scene in most cases as it is a crime against the public, whereas it may endanger or distress the victim exceptions are made and their identities are kept hidden. Procedural/or substantive law is the set of legal rules that are exercised by the court. This outlines the procedure by which the law is to be enforced through the courts and the rules of evidence and forms the courts structure. Some examples of the substantial law used in a civil court would be Property law, Contract law or Tort law. Constitutional law, Administrative law, criminal Law and Public International Law are seen in Public law cases. In interpreting the legislations in the court, the court must be certain of the intentions of the legislature at the time that it was passed. The court has three rules to put into place if they are unsure of the legislation, if it is unclear to them or if it is appearing to show more than one meaning. The literal rule which means that the judge keeps to the ordinary meanings of the words according to the legislation, The golden rule which means that if by following the literal rule this leads to an absurd result then the literal rule must be changed and finally the mischief rule which means that the judge may investigate as to why the legislation was proposed to be certain of what particular mischief it was set up to fix or prevent or what or who it was meant to protect. In the unlikely case the Dail reports may be necessary to interpret the unclear legislation. Ireland like, England, America, Australia and New Zealand is part of a common law jurisdiction. This means in common with the other countries the Irish state uses previous court decisions to help them to make decisions in other cases. The previous cases are kept within law reports. Law that is more so shaped from judicial decision and precedents rather than statute is known as Case law and they govern the impact that court decisions will have on future cases. It comes more from jurisprudence than it is does legislation, though it serves to determine the legality of existing laws and can check or put more of a balance to the law that is put in place by the legislators. Case law is the overall decisions that are reported by courts which are known as the courts of first impression. They make new interpretations of the law. They can be then be cited as precedents. The process in action is known as stare decisis. New Interpretations are then distinguished from statutory law. When the Irish Parliament passes a legislation, although a great deal of research goes into the anticipation of how well it will work, nobody knows if it works until it is tested in court. When it is applied or interpreted in a particular way, especially when a new direction or diffentiation appears, the case will often be reported so that other courts will follow this new interpretation in the interests of keeping consistency. The higher the court, the more significant this will be. If a case is appealed and reaches the High Court or the Supreme Court, then the lower courts will have to apply the law in the same way as in that upper court unless the case before them has some significant difference. That is why case law is important. It acts as a guide for judges, magistrates and lawyers. One simple example of case law in action might be when actors in the television series Law and Order cite court decisions to the prosecutor to convince her that they have a case against a certain person. Something like States vs. Jackson supports the idea that the defendant was guilty of felony murder. Case Law is an area which was previously contained within the confines of ones own country has assumed international proportions and that therefore one is not concerned simply with domestic case law. References;

Edward Steichen Essay

Edward Steichen is one of the world’s proponents of photography. He is also best remembered for his great contributions during the world war period. At the early age of fifteen, he began as apprentice in litography under the American Fine Art Company . He attended photography lectures but continued painting after when he turned 21 in Paris. When he went back to New York, he exhibited his arts in Philadelphia Salon and three of which were purchased by Alfred Stieglitz, a photographer . He then joined with Stieglitz and others and they established the Photosecession Group. His works was made known more through Stieglitz. The following years, he experimented on photography and painting. He was also among those who first used the Lumiere Authochrome process . In the International Exhibition of Pictorial Photogrphy, thirty- one of his works were displayed. When the First World War erupted, he directed the division of photography of the American Expeditionary Forces and made aerial photography. It was also during that time where he shifted his idea to realistic photography. The following years, he was engaged in famous magazines such as Vanity Fair and Vogue, as a chief photographer . There he met famous celebrities like Charlie Chaplin as his models. In the Second World War, he again directed the US Naval Photographic Institute and published naval combats photography. It was then that he organized the Road to Victory and Power in the Pacific exhibitions in the Museum of Medern Art in New York . Furthermore, after the war, he became the Director of the museum and one of his popular exhibitions was the The Family of Man. He died in Connecticut at the age of 94. Bibliography Edward Steichen (2008) Spartacus Educational at 4 June 2008. Edward Steichen (2008) MSN Encarta at 4 June 2008.

The Deterioration of Childhood Innocence Due to Media and...

â€Å"Children are the living messages we send to a time we will not see,† said Neil Postman in his novel: The Disappearance of Childhood. In recent generations, the ideal of childhood innocence has been disappearing due to several factors of modernization. But the innocence of youth needs to be protected so children will learn and grow in healthy ways, rather than rush into adulthood. It is a grown-ups’ responsibility to build a metaphorical wall between a child’s innocence and various types of media and consumerism. Although it is becoming increasingly difficult due to the powerful world of media, which constantly reinvents itself to outwit the latest parental imposition, the preservation of innocence is not impossible. The innocence of†¦show more content†¦Thus, a heavy responsibility fell onto parents, teachers and the government for what is eventually written on the mind of children. Postman claims that â€Å"Locke’s tabula rasa created a se nse of guilt in parents about their children’s development, and provided the psychological and epistemological grounds for making the careful nurturing of children a national priority,† (57). In modern days, the idea of childhood innocence is â€Å"one that defines childhood, in part, by claiming for it the need to be sheltered from adult secrets, particularly sexual secrets,† (Postman 9). Childhood innocence is the main difference between an adult and a child because â€Å"adults know certain facets of life – it’s mysteries, its contradictions, its violence, its tragedies – that are not considered suitable for children to know; that are indeed, shameful to reveal to them indiscriminately,† (Postman 15). Childhood innocence is an idea worth protecting so children do not grow up too fast. As children move towards adulthood, these secrets should slowly be revealed to them. Several changes in our generation are a factor to the dying of childhood innocence, but electronic media or â€Å"the incunabula of television† as Postman calls it, plays a large part in killing childhood and the innocence that comes with it. Electronic media, such as the internet and television, does not make the preservation of innocence impossible, but it does make it harder since children are exposed to adult knowledge too soon inShow MoreRelatedOrganisational Theory230255 Words   |  922 Pageslearning outcomes provide challenges to the organization in the twenty-first century. Annotated further reading Each chapter concludes with an indication of further reading. We have also included, wherever possible, indications of films and other media that provide insights into the issues covered in the chapter. Discussion questions Finally, each chapter concludes with a number of questions that have been developed for use in seminar discussions or would be suitable as the basis for assessments

The Importance Of Critical Thinking On College Education

The article by Boarer- Pitchford (2014) discussed the importance of critical thinking in college education and encouraged educators to use authentic assessments that require students to demonstrate the understanding of course concepts and promote the development of critical thinking based on the results of their study that examined make up of test grades derived from traditional and authentic assessment and factors that influenced the educators use of assessment techniques. On the other hand, the article by Wiggins (2013) discussed ways to help students reach high standards by rethinking the notion of mastery. While all three articles have valuable information that can be used in developing assessments and rubrics, I decided to analyze†¦show more content†¦The current trends in assessments put an emphasis on process of learning and not just the end product. In spite of this shift, similar to me, for many educators, the appropriate use of traditional and authentic assessment s is still unclear. The article by Montgomery (2002) discusses the recent shift in assessment practices and describes the importance of using authentic assessments. The authentic assessments are based on the constructivist approach that require students to actively construct knowledge and therefore, assessed using demonstration of their knowledge through application to real life or simulated projects. While traditional assessments are easy to administer and grade, these do not assess the child’s problem solving skills or critical thinking abilities. On the contrary, developing authentic tasks is not only time consuming but difficult, these assessments help to assess what students know and what they can do with the acquired knowledge. 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