Instructions to candidates: Please ensure that you have received the correct examination paper and that you read the instructions carefully. You must answer Question 1 and any two questions.
Students’ answers should include reference to case law and, where appropriate, to statute.
Time Allowed: 2 hours
Number of pages including cover sheet: 3
Q.1 (Compulsory)
Write an explanatory note upon any four of the following:
(a) The Doctrine of precedent
(b) The European Convention on Human Rights Act 2003 (c) Equitable Maxims (d) Regulations and Directives in EU law (e) Unenumerated rights in Bunreacht na hEireann (f) Statutory interpretation
(10 marks each)
[40 marks]
Q. 2.
Judge made law is a central part of the Irish legal system and the application of the rules of precedent operates effectively on the basis of certainty and predictability. Since its decision in The People (DPP) v J.C. [2017] 1 I.R. 417, the Supreme Court has continued to point out the circumstances in which it will not follow its own previous decisions.
Explain the doctrine of stare decisis and discuss in what circumstances a court will and will not follow its own previous decisions.
[30 marks]
Q. 3.
There are a number of ways legislation may come about in Ireland. The use of commencement orders to bring statutory provisions into effect has steadily increased over recent decades.
Please answer both of the following:
(a) Give a brief description of primary and secondary legislation. (15 marks)
And
(b) Explain what commencement orders are and how they may conflict with the doctrine of the separation of powers. (15 marks)
[30 marks] Q. 4.
Examine the role of the Office of the President in the legislative process.
[30 marks]
Q.5.
Answer either of the following:
(a) Discuss the general role and functions of the Law Reform Commission.
Or
(b) Discuss any recent piece of work on law reform undertaken by the Law Reform Commission.
