Brexit is likely to “tear” Ireland away from the influence of the common law system and “perhaps even rupture” centuries-long ties between the Irish and English legal systems, a leading Irish judge has said. While the Irish legal system is intellectually prepared for Brexit, if and in whatever form it may occur, its impact over the long term is likely to be considerable, he said. “Over time we are going to be pulled further and further away and prised away from the English legal system and from that common law heritage,” he said. System of precedentUnder common law, judges apply legal precedent based on court rulings, and this is followed in Ireland, the UK, the US and Australia. Attorney General Séamus Woulfe SC disagreed, arguing that after 45 years in the EU it was going to be “very difficult” for the English legal system to disengage from EU law.
Source: The Irish Times April 05, 2019 20:26 UTC