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The Eighth Amendment of the Constitution Bill 1982 was introduced on 2 November 1982 by Minister for Health Michael Woods. The bill introduced by the Fianna Fáil minority government proposed to add Article 40.3.3° to the Constitution, with the wording shown above.
In addition to the positive ban on abortion contained in Article 40.3.3°, previous judgments of the Supreme Court have emphasised the importance of natural law in the Irish constitutional framework, based partly on the preamble to the Constitution which refers to the "Christian nature of the State".
Three referendums were held in Ireland on 25 November 1992, the same day as the 1992 general election. Each was on a proposed amendment of the Irish constitution relating to the law on abortion. They were enumerated as the Twelfth, Thirteenth and Fourteenth Amendments. The proposed Twelfth Amendment was rejected by voters while both the ...
Roche v Roche [2010] 2 IR 321: [2009] IESC 82 is an Irish Supreme Court case which affirmed the High Court decision that frozen embryos did not constitute the “unborn” within the meaning of Article 40.3.3 of the Irish Constitution. The spirit of the Supreme Court's judgement was that frozen embryos were not extended the same right to life ...
United Ireland: Article 2, as substituted after the Good Friday Agreement, asserts that "every person born in the island of Ireland" has the right "to be part of the Irish Nation"; however, Article 9.2 now limits this to persons having at least one parent as an Irish citizen. Article 3 declares that it is the "firm will of the Irish Nation" to ...
Article 40.3 of the Irish Constitution refers to and accounts for the recognition of unenumerated rights. [18] The Supreme Court is often the main source of such rights, such as the right to bodily integrity, the right to marry and the right to earn a living, among others. [19]
The powers conferred on the Minister and Chief Executive Officers by ss 1(a) and (b) of the Bill were compatible with the Constitution. [17] Patients who had been unlawfully charged for these services had the right under articles 43 and 40.3.2 of the Constitution to sue in order to recover damages.
[6] The Constitution's framing of family and education rights in Articles 40 to 44 reflected Catholic social teaching as in Quadragesimo anno. [7] Over the 1990s and 2000s, a political consensus developed in Ireland that children's rights needed to be strengthened in the Constitution to counterbalance family rights. [8]