Continuous assessment of business law fundamentals

Jane Ambrose – k00284165

Part 1
A) I will discuss a brief overview of the Irish legal system from the readings Bryne, R&J Paul
McCutcheon, and Keenan, Aine. Due to Ireland's historical connections to Europe and the
UK, the common law traditions have been combined to create the country's legal system in
Ireland. The readings I have studied provide a very in-depth insight into the structures,
functions, and sources of law in Ireland. From these readings, I have learned about the
historical background, the constitution, legal institutions, sources of law, and the separation of
civil and criminal law. The history behind the Irish legal system is very important. Ireland
used to be a part of the UK until they gained independence. As a result of this, English law
has a significant impact on the legal framework and many legal principles have been
introduced due to the British legal system. Ireland has a written constitution that came about
in the year 1937. Sources of law are the legal origins of rules, they are seen as an institutional
sense. Sources of law include common law, legislation, constitution, European community
law, custom, international law, canon law and commentaries, and scholarly writing. Common
law originally was the core of laws enforced by the system. It is characterized by the
development of law through judicial decisions and presidents rather than legislative decisions.
Today areas of law are controlled by common law rules.( KEENAN, A. (2021) ‘page 3 ’, in
Essentials of Irish business law 7th edition. S.l.: BORU PRESS LTD) Legislation refers to
laws enhanced by a legislative body such as a parliament.it is a formal and written law created
by a legislative body. This is to regulate various aspects of society. Legislation shapes and
controls the behavior of individuals and businesses. Legislation is reflected in society and
how it is presented through its elected representatives. (KEENAN, A. (2021) ‘page 5’, in
Essentials of irish business law 7th edition. S.l.: BORU PRESS LTD) The Constitution was
enacted by the people in a referendum that was held in 1937. The constitution is the basic law
of the state. The Constitution contains the fundamental principles and guarantees of individual
rights which marked a break from British traditions. It defends the structure of the
government and the rights and duties of citizens. The Constitution is essential in providing a
framework for governments and is a safety net for the rights and liberties of individuals in this
society. The European Community law is from the perspective of international organizations,
the term community law was used before being officially renamed as European Union law.
European law includes treaties, regulations, directives, and decisions. EU law applies directly
to member states and their citizens. EU law is guided by principles. It also gives powers to
EU institutions to make and change secondary laws. With the establishment of common law
in the UK and Ireland the custom law was eliminated. Although it still has a role. Custom law
is based on customs and traditions developed over time in a specific society or community. It
reflects the unique values that a particular cultural or social setting has. This includes things
like family, land marriage, and inheritance. International law is the body of law that governs
states in their relationships with one another. International Law aims to promote order and
cooperation in the international community. International law serves as the framework for
regulating the behavior of states and other international states. It addresses and solves a range
of issues such as human rights and aims to have cooperation in the global community. The
canon law is the law of the Christian church. It was created in the medieval period. It exists
separately from the secular law of the state, this is highly influenced by marriage law. This
law plays a crucial role in maintaining discipline and governance of Christian communities.
The last source of law I will be discussing is commentaries and scholarly writing.
Commentaries are written explanations of a text or law. Scholarly writing includes a broad
range of academic works. (Byrne, R & J Paul McCutcheon, The Irish Legal System, Chapter
1, Introduction to the Irish Legal System, pp.4-11 (4th Edn, 2007)
In conclusion, understanding the sources of law is essential to know about the foundations of the legal
systems and their development. Legal systems worldwide show us a variety of sources in which
they shape and govern society's rights and obligations. After reading Bryne, R&J Paul
McCutcheon, and Keenan, Aine I now have a better understanding of the sources of law.
(Walsh, S. (2017) The Irish legal system – explained - stephen walsh & co.: Solicitor Kildare,
Stephen Walsh & Co. | Solicitor Kildare. Available at: https://stephenwalshsolicitors.ie/irish-
legal-system-explained/#:~:text=Ireland’s%20legal%20system%20has%20three,law%20of%20
(Accessed: 15 November 2023).

B) From the readings I studied Bryne, R&J Paul McCutcheon, and Keenan, Aine, I learned more
from Aine Keenan's “Irish Business Law”. I made this choice due to the specific focus on
business law. The functions and sources of law and the division of law. Keenan’s reading goes
deep into Irish law, including how legal principles work in the context of business. It is
crucial to understand the functions and sources of law for anyone studying the Irish legal
system. Keenan's reading on the sources and purposes of law in the world of business is more
useful than the reading by Byrne R&J. I think Keenan's reading is more appealing as it gives a
better insight into how legal principles operate. Keenan’s reading is also more up-to-date than
the reading Bryne R&J reading. It shows recent changes in Irish business law. I think
Keenan's reading is well written as it is divided up into smaller paragraphs and the language is
easier to read. Keenan's reading was comprehensive as it covered various aspects related to
business law. After reading it I thought it went into depth about the functions and sources
which gave me a better understanding of the subject. I also thought Keenan's reading was
accessible and clear compared to the reading by Bryne. Keenan's reading was very engaging
for me as it provided case studies and examples which gave me a better understanding of the
implications the legal principles have. The reading by Bryne R&J was mainly based on the
historical facts of the Irish legal system which I did not like. I much preferred the reading by
Keenan as it was displayed well in big font and short paragraphs. It was easy to read and gave
me an insightful analysis of the Irish Legal System. In conclusion, I preferred the reading by
Keenan, Aine as it was comprehensive, updated, accessible, relevant, and engaging and it
provided an enjoyable beneficial experience. (Byrne, R & J Paul McCutcheon, The Irish
Legal System, Chapter 1, Introduction to the Irish Legal System, pp.4-11 (4th Edn, 2007),
(Keenan, Áine, Irish Business Law, Chapters 1 and 2, The Functions and Sources of Law,
and The Division of Law – Criminal and Civil, pp.2-17. (7th Edn, 2021)

Part 2
A) A source of law refers to the origin or authority from which legal principles and rules receive
their legality. It acts as a framework for the authority and the acceptance of laws in a region.
Sources of law are used historically which is related to common law and equity and legal
sources this is when the law is brought into existence. There are five different legal sources,
these include legislation, subordinate legislation, constitution European Union law, and
judicial precedent. There are also historical sources of law such as common law.There are
many different surprising aspects to the Irish Legal System. One surprising aspect of the Irish
legal system is the mix of different influences. Ireland gained independence from the United
Kingdom in 1922. However, the legal system still has some of the English common law
traditions. This is surprising as I assumed there would be a complete split from the United
Kingdom. Another surprising aspect is its approach to constitutional rights and the role
 designated to the president. Ireland's 1937 constitution serves as a foundation for the legal
system. The long list of basic rights that the Irish constitution guarantees to its citizens sets it
apart. These rights extend beyond the civil and political rights that are stated in some of the
constitutions. The Irish constitution covers a number of topics including the protection of the
family, the right to labor and the right of an education. This is especially surprising because
these constitutional rights are enforceable in court. Constitutional rights are guiding
principles but they are not always immediately justifiable. This means that people may not
have the right to bring a lawsuit due to the belief that a constitutional law has been violated.
However, in Ireland, people have the power to directly dispute laws that they feel have been
breached of their rights. This gives people the ability to take legal action if they think their
rights have been violated. As well as that the president of Ireland has a special function in
the legislative process. A measure carried out by the Irish parliament requires the approval
of the president before it may become law. This gives legislation an extra level of
examination even though it is mainly formal. Under some conditions, the president may send
legislation to the Supreme Court for a constitutional analysis before giving approval. This
shows a unique constitutional protection that guarantees new laws are consistent with
fundamental rights and principles. ((Walsh, S. (2017) The Irish legal system – explained -
stephen walsh & co.: Solicitor Kildare, Stephen Walsh & Co. | Solicitor Kildare. Available at:
https://stephenwalshsolicitors.ie/irish-legal-system-explained/#:~:text=Ireland’s%20legal
%20system%20has%20three,law%20of%20 (Accessed: 15 November 2023).In conclusion,
the Irish legal system stands out among other legal systems, it is surprising and distinctive. It
has unique characteristics. The incorporation of both common law and civil law shows an
advanced development since gaining independence. The protection of constitutional rights
and the president's engagement in the legislation is very unexpected. It is surprising in the
sense that Ireland has provided its citizens with a direct and physical tool to express their
constitutional rights. (reference from notes)

B) The classes on the Irish legal system covering topics such as historical development, sources
of law, and the division of law provided me with a better understanding of how the Irish legal
system works. This module was very informative, and I learned a lot from it. There were both
positive and negative aspects when in lectures, tutorials, or using the Moodle page. In my
opinion, I thought the part on the historical development of the Irish system was sometimes
boring as I don’t have that much interest in history. However, it provided an engaging
overview of the development of Irish law. I found the readings helpful as they illustrated how
past events shaped the legal system. I also thought the readings were hard to comprehend as
there was a lot of text and some of the vocabulary used was difficult. I thought that the most
enjoyable part of the class was studying the sources of law. Learning about how the laws were
created and applied in Ireland was very insightful. I also thought the case studies and
scenarios given were helpful as they gave me a better understanding when put into real life. A
structured understanding of the Irish legal system was made possible by divisions of law. The
criminal contract, tort, and constitutional laws were thoroughly covered in class which aided
me in doing this assignment. I also liked the in-depth discussions we had in tutorials as I was
able to retrieve the information more. The tutorials were a mixed experience. I liked them as I
enjoyed the interactive discussions and clarification of questions. This was helpful as I was
able to take in more information when it was a mutual discussion compared, compared to the
lectures when it was just you speaking about the module. Even though I was nervous
speaking in the tutorials I noticed it was very beneficial in the long run. I also think there
should be more mutual discussion in lectures as they dragged on sometimes.
In summary, the Irish legal system lessons provided a thorough understanding of both
historical and modern aspects of the Irish legal system. Even though sources of law were well
covered, I think more points on the PowerPoint should have been displayed to learn more at
home and for when doing assignments. I thought the lectures were very helpful as I could take
notes and learn at the same time, but I think there should be more communication. The
tutorials were very insightful as there were questions asked and answered and the small
classes were better for learning more. Overall, I thoroughly enjoyed this module as I did not
know much about law before. There were many positives and a few negatives, but it was a
very insightful module.