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A children's rights bill, the Twenty-Eighth Amendment of the Constitution Bill 2007, was introduced by the Fianna Fáil–PD government. The bill sought to replace section 5 of Article 42 with a new Article 42A, which had five sections; the first four broadly matched the amendment eventually enacted in 2015, while the fifth was: [11]
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 ...
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.
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]
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 ...
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.