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Learn About the Law Learn About the Law mccannfitzgerald.com learn about the law Have you ever wondered how the law is made, what goes on in the courts, or what the law is for? We live in an amazing country with one of the best legal systems in the world, so we’d like to help you learn a bit about our legal system. We thought you might also like to know what it is like to work in a law firm, so you’ll be able to see all the different areas of law that we practise at McCann FitzGerald. We’ve thrown in some unexpected facts that might surprise you and, you never know, maybe one day you’ll work in the justice system and help make things fairer for everyone. You’re smart, so when you’ve finished this smart pack you’ll know about X Who makes the law in Ireland X What the law looks like X The different courts and what they do X Barristers and what it’s like to argue legal cases X Solicitors and how they help their clients learn about the law quiz question Why does Ireland have a constitution? The Law Law is a set of rules that we live by. If the law is clear, then people know how things should be done. The law also has to be fair and protect people. Law comes from a few different places. Lawyers in Ireland need to know about Irish law, EU law and international law in order to be able to give good legal advice and argue cases. The Irish Constitution Bunreacht na hÉireann is a very important document. It protects Irish citizens and guarantees a wide range of rights. Thanks to the Irish Constitution you have lots of rights which are protected by law. The only way to change the Constitution is to hold a referendum, where everyone of voting age who is an Irish citizen is entitled to vote for or against the change that the government wants to make. Fact Did you know that the first Irish Constitution was made in 1922? The one we have today dates from 1937. If the courts decide that a law is unconstitutional then it gets thrown out and the government has to start again. Tough word Unconstitutional: A law that does not protect people the way it should under the Constitution. mccannfitzgerald.com learn about the law quiz question quiz question Who makes new law in Ireland? Legislation Legislation is made by the Oireachtas. When there is a General Election in Ireland, people put themselves forward for election to Dáil Éireann. You’ve probably seen the election posters for The houses of the the 2020 General Election! When someone gets Oireachtas sit here elected to Dáil Éireann, we call them a TD and in Leinster House. their job is to represent their local constituency and help make important decisions. If their political party is in government, then they will try to support the government and put forward legal changes that they think are good for the country. These are called Bills. If their party is not in government, then we say that they are in ‘opposition’ and their job is to check what the government is doing and make sure that Bills are Dáil Éireann fair and make sense. TDs choose whether to vote (Lower House) for or against Bills. If you had to make a law, what law would you make? People who get elected to Seanad Éireann are called Senators. Their job is to scrutinise the new laws that the government wants to make. If they don’t think a Bill is a good idea, they may be able to stop it becoming law. Tough word Seanad Éireann (Upper House) Scrutinise: To look at something very carefully to make sure that it does what it should do. 1 learn about the law How a Bill Becomes Law Both houses of the Oireachtas have to pass a Bill before it becomes law. This can take a long time because changes get made along the way. The new law won’t take effect until it has been signed into law by President of Ireland the President of Ireland. Then it is called an Act. Michael D. Higgins signing a Bill Did you know? The Oireachtas passes about 40 new Acts every year. LEARN MORE www.oireachtas.ie/en/visit-and-learn/ how-parliament-works/how-laws-are-made/ 2 mccannfitzgerald.com learn about the law How the Government looks after justice The Government has lots of different departments which look after different things. The Department of Justice and Equality is responsible for looking after all aspects of Ireland’s justice system, and the Minister for Justice oversees the Department. That means that the Minister is charge of things like The Courts Crime Prisons Making new law Equality Immigration Citizenship All of these things make up Ireland’s justice system, which is one of the most respected justice systems in the world. A good justice system has to be fair to everyone and protect people’s rights. Charlie Flanagan is the current Minister for Justice. Charlie Flanagan Minister for Justice 3 learn about the law European Law Ireland is one of 27 Member States of the European Union (“the EU”). The EU is a collection of different countries that work together to make things easier, better and safer for people. To make the EU work, we have European laws which the different countries have agreed to respect. The 27 member states have also agreed a set of values which are important for how we treat each other and protect the rights of our citizens. Irish citizens are also EU citizens. Tough Word Values: How we measure what is important to us in life. What rights do you have that are important to you? European law is made by the EU parliament. Its members are elected by voters in the different EU member states. Ireland has 13 MEPs. quiz question Can you name three other EU member states? LEARN MORE www.europarl.europa.eu/ireland/en/your-meps 4 learn about the law quiz question Name three ways that the law has made Ireland a better place. EU Laws in Ireland As well as applying the law that is made here in Ireland, the Irish courts have to apply EU law. The EU has brought us some really important laws, for example: The right to equal pay Women are often paid less than men for doing the same work. EU law guarantees women the right to be paid fairly for the work they do and they can bring cases to court to insist on being paid equally. private Protecting our personal information Every time you use a phone or an ipad, you create personal information called ‘data’ which is very valuable because it tells people a lot about you, what you like and dislike, and even where you are! EU law makes sure that your personal information is protected, to keep you safe. Helping police forces to solve crimes Police forces rely on information being shared when they are trying to solve crimes. EU law really helps this by, for example, allowing someone who is thought to be guilty of a crime to be moved to another member state where their criminal court case can be held. quiz question Can you think of some important rights that you have as a citizen of Ireland? quiz question learn about the law What is the name of the international agreement on Climate Change? Law From Around the World There are even international laws that sometimes have to be applied in Irish courts. Governments reach agreements with each other, called Treaties, which they have to stick to if they want to be able to do business with other countries. The EU has treaties with a number of different countries across the world. Tough Word Treaty: An agreement between different countries to do things a particular way. Did you know? Did you know there are more than 60,000 international treaties? The Paris Accord 195 countries around the world have signed the Paris Agreement, to try to reduce global warming and stop climate change. This is an example of an international treaty. Countries who stick to the agreement will help to protect the planet. All countries of the European Union, including Ireland, have joined the Agreement. 6 quiz question learn about the law The Courts in Ireland There are 5 different levels of court in Ireland. The courts deal with ‘civil’ cases and ‘criminal’ cases. Civil Cases Civil cases are disputes between people or companies. They can involve rows about property, money, rights or family problems. Tough Word Dispute: A disagreement or an argument. Criminal Courts of Justice, Dublin Criminal Cases When someone has been charged with a serious criminal offence then a criminal trial takes place, when a jury of 12 people decide whether or not they are guilty of the criminal offence. These are called criminal cases. Not every criminal case has a jury. Did you know? Ordinary people can get called for jury duty, which means they have to attend court and might be chosen to sit on a jury in a civil or criminal case. If they get chosen then they have to listen really carefully and make difficult decisions. The District Court The District Court takes place in courthouses all over Ireland all the time, and it deals with a range of different minor cases. District Court lists are very busy and judges Kilkenny can deal with hundreds of cases every week.
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