English Law shall apply May 26, 2010
Posted by Tomboktu in Uncategorized.trackback
P O’Neill (no, not that one) has pointed out over on A Fistful of Euros that the Euro Area Loan Facility Bill 2010, currently before the Oireachtas, specifies that the contracts established under it shall be governed by English law (see Article 14(1) of Schedule 2, which is on page 44 of the Bill).
P O’Neill’s point is that a deal between countries that use the euro is governed by the law of a state that is not in the euro. I note that our Oireachtas is debating a bill that appears to contain a clause subjecting the State to English law.
(Mind you, the legal tender coinage in this republic of ours now shows two reigning kings, a reigning queen, a reigning sacredotal monarch*, a reigning sovereign prince*, and a reigning grand duke*. Was it for that that I fought and died in the GPO, eh?)
[*The last three are hard to come by.]
Isn’t that just another word for ‘common law’?
Should we be using the common law? After all, it’s not like this was brought voluntarily to this country – rather it was imposed on these lands by force.
(I’m sort of half-joking when I say that . . . and sort of not).
It’s a good question. The established system is a pillar of the, well,establishment. Should we move to the European legal code, which I believe originated with the French revolution and was, ehm, adopted throughout the continent during the Napoleonic era? The question is though, and its the same one that applies to the notion of rewriting the constitution of the state, is whether we’re better off sticking with an established system with its well-defined biases and flaws, or risking ending up with an even worse system that’s drafted by the neo-liberal elite?
No comrades, let’s combine the old and the new to negate foreign capitalist ways; Communistic Brehon law!
Yes, in France you can buy your Code civil in the local supermarket or get it in the library. Common Law systems rely a lot on the interpretation of lawyers and give too much scope for judicial activism. We should certainly move towards the Napoleonic system at some stage, but in times of austerity it’s hardly a priority. It would cost billions – and involve retraining judges (a notoriously conservative lot), lecturers and lawyers.
I believe it’s still technically illegal to play ‘hookey’ (hurling) in Galway…and for Irishmen, who are not wearing English clothing, to even enter Dublin.
The common law system was effectively founded by Henry II – who invaded Ireland. He was really a Norman.
Scotland still has its own unique legal system- more similar to European law than Common Law.
The legal system in the Isle of Man combines Irish Brehon Law and Norse Law.
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