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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.
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.
It inserted a new sub-section in section 3 of Article 40. The resulting Article 40.3.3° read: The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
The 2018 amendment replaces Article 40.3.3° of the Constitution, which was added in 1983 and amended in 1992. The bill was introduced to the Oireachtas on 9 March 2018 by the Fine Gael minority coalition government, and completed its passage through both houses on 27 March 2018.
The Twenty-fifth Amendment proposed first to add Article 46.5. This section provided that if the Protection of Human Life in Pregnancy Act were enacted, Article 46.5 would be omitted from every official text of the constitution, and the two new Articles 40.3.4° and 40.3.5° detailed above would be inserted.
Article 40.3.3° was inserted into the Constitution in 1983 by the Eighth Amendment of the Constitution of Ireland. The Eighth Amendment recognised "the unborn" as having a right to life equal to that of "the mother". [ 55 ]
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]
The Twenty-sixth Amendment of the Constitution Act 2002 (previously bill no. 32 of 2003) is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Nice. It was approved by referendum on 19 October 2002 (sometimes known as the second Nice referendum) and signed into law on 7 November of the same year.