Classified List of Legislation – Acts
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Catholicism and the Judiciary in Ireland, 1922-1960
IRISH JUDICIAL STUDIES JOURNAL 1 CATHOLICISM AND THE JUDICIARY IN IRELAND, 1922-1960 Abstract: This article examines evidence of judicial deference to Catholic norms during the period 1922-1960 based on a textual examination of court decisions and archival evidence of contact between Catholic clerics and judges. This article also examines legal judgments in the broader historical context of Church-State studies and, argues, that the continuity of the old orthodox system of law would not be easily superseded by a legal structure which reflected the growing pervasiveness of Catholic social teaching on politics and society. Author: Dr. Macdara Ó Drisceoil, BA, LLB, Ph.D, Barrister-at-Law Introduction The second edition of John Kelly’s The Irish Constitution was published with Sir John Lavery’s painting, The Blessing of the Colours1 on the cover. The painting is set in a Church and depicts a member of the Irish Free State army kneeling on one knee with his back arched over as he kneels down facing the ground. He is deep in prayer, while he clutches a tricolour the tips of which fall to the floor. The dominant figure in the painting is a Bishop standing confidently above the solider with a crozier in his left hand and his right arm raised as he blesses the soldier and the flag. To the Bishop’s left, an altar boy holds a Bible aloft. The message is clear: the Irish nation kneels facing the Catholic Church in docile piety and devotion. The synthesis between loyalty to the State and loyalty to the Catholic Church are viewed as interchangeable in Lavery’s painting. -
Proceedings by and Against the Crown 1975
PARLIAMENT OF NEW SOUTH WALES REPORT OF THE LAW REFORM COMMISSION ON PROCEEDINGS BY AND AGAINST THE CROWN 1975 L.R.C. 24 Ordered to be printed, 26 February, 1976 BY AUTHORITY D. WEST, GOVERNMENT PRINTER, NEW SOUTH WALES—1976 G 7883—1 1975-76—613 [$3.68] PREFACE The Law Reform Commission is constituted by the Law Reform Commission Act, 1967. The Commissioners are— Chairman: The Honourable Mr Justice C. L. D. Meares. Deputy Chairman: Mr R. D. Conacher. Others: Mr C. R. Alien. Mr D. Gressier. Professor J. D. Heydon. His Honour Judge R. F. Loveday, Q.C. The offices of the Commission are in the Goodsell Building, 8-12 Chifley Square, Sydney. The Secretary of the Commission is Mr F. McEvoy. Letters should be addressed to him. This is the twenty-fourth report of the Commission on a reference from the Attorney General. Its short citation is L.R.C. 24. CONTENTS Page Preface .. .. .. .. .. .. .. .. .. 3 Contents .. .. .. .. .. .. .. .. 5 Report: Part 1.—Introduction .. .. .. .. .. .. 7 Part 2.—Historical background of proceedings by a subject against the Crown .. .. .. .. .. 10 Part 3.—The bold Australian innovation: equating the State "as nearly as possible" to the subject .. .. 13 Part 4.—Liability of the State under the Claims against the Government and Crown suits Act, 1912 .. 15 Part 5.—Recommendations in respect of the Claims against the Government and Crown Suits Act, 1912 .. 23 Part 6.—Application of the District Court Act, 1973, and the Courts of Petty Sessions (Civil Claims) Act, 1970, to the Crown .. .. .. .. .. 25 Part 7.—Proceedings in Equity by a subject against the Crown independently of the Claims against the Govern- ment and Crown Suits Act, 1912 . -
Statute Law Revision Bill 2007 ————————
———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c. -
Post-Enactment Report Marriage Act 2015 (No. 35 of 2015) (Dáil Éireann
Post-Enactment Report Marriage Act 2015 (No. 35 of 2015) (Dáil Éireann – Standing Order 164A) (Seanad Éireann – Standing Order 168) April 2019 Post Enactment Report Marriage Act 2015 (No. 35 of 2015) 1. Background to the Marriage Act 2015 A Constitutional Convention was established in 2012 to consider the question of whether an amendment should be made to the Constitution of Ireland to provide for marriage of same- sex couples. The Convention reported on that question in July 2013, and made 3 main recommendations: 1. That the Constitution be changed to allow for civil marriage for same-sex couples. 2. That an amendment be directive. 3. That further legislative change be made in the law on parentage, guardianship and upbringing of children. Almost 80% of the membership favoured changing the Constitution to allow for civil marriage for same-sex couples. The Government decided to hold a referendum on the question of allowing marriage to be contracted by two persons without distinction as to their sex. The Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 proposed to insert the following section after section 3 of Article 41 of the Constitution: “4 Marriage may be contracted in accordance with law by two persons without distinction as to their sex.” The marriage equality referendum was held on 22 May 2015 and had a turnout of 61% of the electorate. The referendum was passed by 62% of voters which meant Ireland became the first sovereign state to extend marriage rights to same-sex couples by popular vote. Only one constituency returned a negative vote. -
Colonial Marriages Act 1865
Changes to legislation: There are currently no known outstanding effects for the Colonial Marriages Act 1865. (See end of Document for details) Colonial Marriages Act 1865 1865 CHAPTER 64 28 and 29 Vict An Act to remove Doubts respecting the Validity of certain Marriages contracted in Her Majesty’s Possessions abroad. [29th June 1865] Modifications etc. (not altering text) C1 Short title “The Colonial Marriages Act 1865” given by Short Titles Act 1896 (c. 14) C2 Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14) C3 Words of enactment repealed by Statute Law Revision Act 1893 (c. 14) C4 This Act is not necessarily in the form in which it has effect in Northern Ireland 1 Colonial laws establishing validity of marriages to have effect throughout Her Majesty’s Dominions. Not to give effect to marriages unless parties are competent to contract marriage. Every law made or to be made by the legislature of any such possession as aforesaid for the purpose of establishing the validity of any marriage or marriages contracted in such possession shall have and be deemed to have had from the date of the making of such law the same force and effect for the purpose aforesaid within all parts of Her Majesty’s dominions as such law may have had or may hereafter have within the possession for which the same was made: Provided that nothing in this law contained shall give any effect or validity to any marriage unless at the time of such marriage both of the parties thereto were, according to the law of England, competent to contract the same. -
The Brief 2017
THe BRieF The Official Journal of the Irish Institute of Legal Executives 2017 Anniversary Edition In this issue . Plus . Legal Costs Update Companies (Accounting) Act 2017 Bullying in the Workplace Modern Family: Relationships & Law Economy and Other Challenges Judical Appointment in Ireland THe BRieF 2017 Contents Page Page Message from the President 3 Bullying in the Workplace 12 Former Clients & Former Employers 4 Caught on Camera 13 Commissioner for Oaths Appointments 6 Modern Family: Relationships & Law 14 Legal Executives Talk 6 Legal Executive of the Year Award 15 Legal Costs Update 7 Judicial Appointment in Ireland 16 Companies (Accounting) Act 2017 8 Economy & Other Challenges 19 Griffith College Cork Conferring 10 30 Year Celebratory Photographs 21 Griffith College Dublin Conferring 11 Kilmainham Courthouse 22 “The Irish Institute of Legal Executives - (IILEX) is featured among the sponsors of the annual AIB Private Banking Irish Law Awards”. Legal Disclaimer EDITORIAL TEAM The Brief adopts an independent and inquiring approach We the Editorial team hereby extend many thanks to all of those towards the law and the legal profession. It is published for the who contributed articles as well as photographs for this 30th benefit of members of the Irish Institute of Legal Executives Anniversary Edition of the Official Journal of IILEX – “The Brief”. and therefore aims to keep them properly informed of developments in the law and legal practice. Your contribution and interest in being involved is much appreciated and makes all of the difference towards the As part of this objective, The Brief will act as an authoritative production of a quality publication. -
Bill of Rights [1688]
Changes to legislation: There are currently no known outstanding effects for the Bill of Rights [1688]. (See end of Document for details) Bill of Rights [1688] 1688 CHAPTER 2 1 Will and Mar Sess 2 E+W An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne. X1Whereas the Lords Spirituall and Temporall and Comons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realme did upon the thirteenth day of February in the yeare of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princesse of Orange being present in their proper Persons a certaine Declaration in Writeing made by the said Lords and Comons in the Words following viz The Heads of Declaration of Lords and Commons, recited. Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome. Dispensing and Suspending Power. By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament. Committing Prelates. By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed Power. Ecclesiastical Commission. By issueing and causeing to be executed a Commission under the Great Seale for Erecting a Court called The Court of Commissioners for Ecclesiasticall Causes. -
Health and Wellbeing in Sexual Orientation and Gender Identity
Health and Wellbeing in Sexual Orientation and Gender Identity • Catherine Meads Catherine • Health and Wellbeing in Sexual Orientation and Gender Identity Edited by Catherine Meads Printed Edition of the Special Issue Published in International Journal of Environmental Research and Public Health www.mdpi.com/journal/ijerph Health and Wellbeing in Sexual Orientation and Gender Identity Health and Wellbeing in Sexual Orientation and Gender Identity Special Issue Editor Catherine Meads MDPI • Basel • Beijing • Wuhan • Barcelona • Belgrade • Manchester • Tokyo • Cluj • Tianjin Special Issue Editor Catherine Meads Anglia Ruskin University UK Editorial Office MDPI St. Alban-Anlage 66 4052 Basel, Switzerland This is a reprint of articles from the Special Issue published online in the open access journal International Journal of Environmental Research and Public Health (ISSN 1660-4601) (available at: https: //www.mdpi.com/journal/ijerph/special issues/Health Sexual Orientation). For citation purposes, cite each article independently as indicated on the article page online and as indicated below: LastName, A.A.; LastName, B.B.; LastName, C.C. Article Title. Journal Name Year, Article Number, Page Range. ISBN 978-3-03928-368-2 (Pbk) ISBN 978-3-03928-369-9 (PDF) c 2020 by the authors. Articles in this book are Open Access and distributed under the Creative Commons Attribution (CC BY) license, which allows users to download, copy and build upon published articles, as long as the author and publisher are properly credited, which ensures maximum dissemination and a wider impact of our publications. The book as a whole is distributed by MDPI under the terms and conditions of the Creative Commons license CC BY-NC-ND. -
Blackbirding Cases
SLAVING IN AUSTRALIAN COURTS: BLACKBIRDING CASES Home About JSPL Submission Information Current Issue Journal of Search South Pacific Law Volume 4 2000 2008 2007 SLAVING IN AUSTRALIAN COURTS: BLACKBIRDING CASES, 1869-1871 2006 2005 By Reid Mortensen[*] 2004 1. INTRODUCTION 2003 2002 This article examines major prosecutions in New South Wales and 2001 Queensland for blackbirding practices in Melanesian waters, and early regulation under the Imperial Kidnapping Act that was meant to 2000 correct problems those prosecutions raised. It considers how legal 1999 argument and adjudication appropriated the political debate on the question whether the trade in Melanesian labour to Queensland and 1998 Fiji amounted to slaving, and whether references to slaving in 1997 Australian courts only compounded the difficulties of deterring recruiting abuses in Melanesia. It is suggested that, even though the Imperial Government conceived of the Kidnapping Act as a measure to deal with slaving, its success in Australian courts depended on its avoiding any reference to the idea of slavery in the legislation itself. This is developed in three parts. Part 1 provides the social context, introducing the trade in Melanesian labour for work in Queensland. Part 2 explores the prosecutions brought under the slave trade legislation and at common law against labour recruiters, especially those arising from incidents involving the Daphne and the Jason. It attempts to uncover the way that lawyers in these cases used arguments from the broader political debate as to whether the trade amounted to slaving. Part 3 concludes with an account of the relatively more effective regulation brought by the Kidnapping Act, with tentative suggestions as to how the arguments about slaving in Australian courts influenced the form that regulation under the Act had to take. -
Republic of Ireland
Update - IRELAND REPUBLIC OF IRELAND Prof. Geoffrey Shannon February 2021 A. New Developments in the field of Divorce (since September 2002) Introduction Article 41.3.2 of the Irish 1937 Constitution provided that ‘no law shall be enacted providing for the granting of the dissolution of marriage’. Following a referendum on 24 November 1995 the Fifteenth Amendment to the Constitution Act 1995 was passed.1 As a result, Article 41.3.2 of the Constitution was replaced and the Family Law (Divorce) Act 1996 was introduced enabling the Irish courts to grant a decree of divorce. That said, it is often forgotten in the Irish context that from 1922 to 1937 there was no specific prohibition on the granting of divorce decrees in Ireland. Since the last national report, there have been very significant changes in Irish family law in general, and the divorce jurisdiction in particular. Same-sex marriage The Irish Constitution was assumed to contain an implicit prohibition on same-sex marriage. The Thirty-fourth Amendment of the Constitution (Marriage Equality) Act 2015 (previously Bill No. 5 of 2015) amended the Constitution of Ireland to permit marriage to be contracted by two persons without distinction as to their sex.2 It was approved by a referendum on 22 May 2015 by a margin of 62% of voters on a turnout of 61%. This was the first time that a state legalised same-sex marriage through a popular vote. At a practical level, same-sex marriage was introduced in Ireland in November 2015 by the Marriage Act 2015, which came into force on 16 November 2015.3 The first same-sex marriage ceremony was celebrated the next day in Clonmel, County Tipperary. -
Irish Church Act 1869
Status: This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format. Irish Church Act 1869 1869 CHAPTER 42 An Act to put an end to the Establishment of the Church of Ireland, and to make provision in respect of the Temporalities thereof, and in respect of the Royal College of Maynooth. [26th July 1869] WHEREAS it is expedient that the union created by Act of Parliament between the Churches of England and Ireland, as by law established, should be dissolved, and that the Church of Ireland, as so separated, should cease to be established by law, and that after satisfying, so far as possible, upon principles of equality as between the several religious denominations in Ireland, all just and equitable claims, the property of the said Church of Ireland, or the proceeds thereof, should be applied in such manner as Parliament shall hereafter direct: And whereas Her Majesty has been graciously pleased to signify that she has placed at the disposal of Parliament her interest in the several archbishoprics, bishoprics, benefices, cathedral preferments, and other ecclesiastical dignities and offices in Ireland : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1 Short title. This Act may be cited for all purposes as "The Irish Church Act, 1869." 2 Dissolution of legislative union between Churches of England and Ireland. -
List of Specified Offences 2016
AccessNI list of offences which will never be filtered from a Standard or Enhanced Criminal Record Certificate – May 2016 Legislation Offence 1 ADOPTION ACT 1976 SECTION Failure to give notice of change of address or death of a protected child / refusing to 36(1)(B)/(C) allow a visit to the protected child under the power in 33(2) 2 ADOPTION (SCOTLAND) ACT 1978 Failure to give notice of change of address or death of a protected child / SECTION 36(1)(B)/(C) refusing to allow a visit to the protected child under the power in 33(2) 3 ADOPTION (INTERCOUNTRY ASPECTS) Contravention of regulations made to give effect to the Convention on ACT (NORTHERN IRELAND) 2001 Protection of Children and Co‐operation in respect of Intercountry ARTICLE 1(3) Adoption, concluded at the Hague on 29th May 1993 4 ADOPTION (NORTHERN IRELAND) Refuses or wilfully neglects to attend in obedience to a summons issued by ORDER 1987 ART 6 an Appeals Tribunal or to give evidence, or who wilfully alters, suppresses, cancels, destroys or refuses to produce any document or article which he may be required to produce under the summons 5 ADOPTION (NORTHERN IRELAND) Failing to comply with a notice requiring production of such books, ORDER 1987 ART 7 accounts and other documents 6 ADOPTION (NORTHERN IRELAND) Contravention of regulations made under this Article for adoption agencies ORDER 1987 ART 10(2) 7 ADOPTION (NORTHERN IRELAND) Made arrangements for the adoption of a child when not an adoption ORDER 1987 ART 11 agency 8 ADOPTION (NORTHERN IRELAND) Removal of children who