Class Two Grade Six: Dai shen
This article forms the first of a series of four articles prepared by the Department of
Foreign Affairs of Ireland in cooperation with the Embassy of Ireland in Beijing, aimed
at providing information on Irish law and practice. What follows is an account of the
primary features of the Irish legal system focusing on the sources of Irish law. Forth
coming articles will provide information on the courts system and the role of the judic
iary, the legal profession, the practice and substance of intellectual property law in Ir
eland, and particular cases of interest.

The Irish Legal System
Ireland’s legal system is somewhat unique. While it is derived from the English c
ommon law tradition, the past seventy years have seen the Irish legal system underg
o a process of dynamic development at the initiative of both the judiciary and the legi
slature. The achievement of independence in 1921 marked a break from the British sy
stem and was followed by the enactment of the Irish Constitution by the People in 19
37. This laid out the fundamental principles upon which the State was to be governed
and also incorporated extensive fundamental rights provisions. Changes to the legal s
ystem have been introduced as a consequence of Ireland’s membership of the Europea
n Union, the most significant of which has been the subordination of national law to
European law within its sphere of competence.

The Constitution
The Irish Constitution was adopted by popular referendum in July 1937 and is th
e superior law of the State. Its Irish language title is ‘Bunreacht na hEireann’ which
means ‘basic law of Ireland’ and any common law or legislative rule which is found to
be in conflict with it is invalid and consequently without legal effect. It can be divide
d into two parts, the first of which establishes the legislative, executive and judicial o
rgans of the State. The Constitution insists upon a strict separation of powers betwee
n these three organs of State. The second part articulates certain fundamental rights
of the citizen which the State guarantees in and by its laws, to respect, defend and vi
ndicate. The task of interpreting and upholding the Constitution has been entrusted to
the Courts which have therefore had a significant role in shaping the social policy of
the State. Similarly, the Courts have been instrumental in developing the doctrine of u
nenumerated rights which has its basis in the Constitution. It may also be of interest
to note the recent incorporation of the European Convention for the Protection of Hu
man Rights and Fundamental Freedoms which has introduced a new set of legal oblig
ations for the State within the area of human rights. In the exercise of their judicial f
unction the Courts are absolutely independent and subject only to the Constitution an
d the law. Conclusion As can be seen, Irish law is derived from a variety of sources
which operate on different levels. The task of the Irish lawyer therefore is to integrat
e these sources in a coherent manner in the practice of law.