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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.
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 ...
The Irish Free State constitution of 1922 was, in the eyes of many, associated with the controversial Anglo-Irish Treaty. The anti-treaty faction, who opposed the treaty initially by force of arms, was so opposed to the institutions of the new Irish Free State that it initially took an abstentionist line toward them, boycotting them altogether ...
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".
[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]
The counsel on his behalf made reference to Articles 40.1, 40.3.1 and 40.3.2 of the Irish Constitution to support his claim that he was subject to discrimination. Section 13 (2) of the 1976 Act created an exception in cases of life sentences and Mr Gilligan argued that because he was not allowed to avail of this exception, he was being denied ...
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]
In late 1983 the Eighth Amendment had passed, to ensure that abortion would not be introduced by the judiciary, in a similar manner to the US case of Roe v. Wade (1973). The X case resulted in three proposed amendments to the Irish constitution on the issue of abortion, which were submitted to three referendums all held on 25 November 1992.