Month: July 2017

thevoiceofpoliticalnonsense

The concept of domicile is central to the recognition of a foreign divorce under the provisions of the Domicile and Recognition of Foreign Divorces Act 1986. Discuss the above statement with particular reference to the Supreme Court’s decision in H v. H [2015] IESC 7.

Introduction Prior to the enactment of the Domicile and Recognition of Foreign Divorces Act 1986 (the 1986 Act) recognition of a foreign divorce was governed by common law rules. The domicile of a party may be broken into two categories; domicile of origin, refers to the birthplace of a party and domicile of choice, which […]

Continue Reading "The concept of domicile is central to the recognition of a foreign divorce under the provisions of the Domicile and Recognition of Foreign Divorces Act 1986. Discuss the above statement with particular reference to the Supreme Court’s decision in H v. H [2015] IESC 7."
thevoiceofpoliticalnonsense

Critically discuss the concept of intention to create legal relations in contract law. In your discussion, consider whether you think the courts have struck the correct balance in this area of contract law.

Introduction Many agreements are created in everyday life where there is no intention to create legal relations such as arranging to meet a friend for dinner. In many cases it falls on the courts to establish a balance between the intention to create legal relations and frivolous claims that would amount to unnecessary use of […]

Continue Reading "Critically discuss the concept of intention to create legal relations in contract law. In your discussion, consider whether you think the courts have struck the correct balance in this area of contract law."
thevoiceofpoliticalnonsense

The authors of JM Kelly: The Constitution (4th ed., Tottel Publishing, 2003) have noted that the Preamble to the Irish Constitution ‘… has been used to lay the ground for the deployment of later parts of the Constitution, or to underpin judgments rhetorically and emotionally’ (at 53), has proven to be ‘… a dubious forensic weapon…’ (at 55) and has on occasion ‘… been invoked to justify judicial activism in the construction of the Constitution’ (at 54).   Do you agree with these statements and views? Give reasons for your answer.

    Introduction Ireland is not unique in having a preamble to its constitution. Other nations with constitutions containing a preamble include the United States, Poland and France. The Preamble of the Constitution is a short introduction to the Constitution that holds no binding authority. However, there is no doubt, great weight has been placed […]

Continue Reading "The authors of JM Kelly: The Constitution (4th ed., Tottel Publishing, 2003) have noted that the Preamble to the Irish Constitution ‘… has been used to lay the ground for the deployment of later parts of the Constitution, or to underpin judgments rhetorically and emotionally’ (at 53), has proven to be ‘… a dubious forensic weapon…’ (at 55) and has on occasion ‘… been invoked to justify judicial activism in the construction of the Constitution’ (at 54).   Do you agree with these statements and views? Give reasons for your answer."