Law of The Republic of Ireland - Common Law

Common Law

Ireland was the subject of the first extension of England's common law legal system outside Great Britain. While in England the creation of the common law was largely the result of the assimilation of existing customary law, in Ireland the common law was imported from England supplanting the customary law of the Irish. This, however, was a gradual process which went hand-in-hand with English (then British) influence in Ireland.

As with any common-law system, the Irish courts are bound by the doctrine of stare decisis to apply clear precedents set by higher courts and courts of co-ordinate jurisdiction. The main exception to this rule being that the Supreme Court has declared itself not to be bound by its own previous decisions.

While the doctrine clearly means that the present High Court is bound by decision of the present Supreme Court, it is not altogether clear whether the decisions of courts which previously performed the function of courts of last final appeal in Ireland — such as the British House of Lords — bind the present High Court. It has, however, been stated by McCarthy J in Irish Shell v. Elm Motors that "n no sense are our Courts a continuation of, or successors to, the British courts."

Post-independence judgments of the British courts, and all judgments of the American and Commonwealth courts are of persuasive value only and do not bind the Irish courts.