187254
| Questão | Responda |
| Ryan v Attorney General | Established the Unenumerated Rights Doctrine. Textual point was the starting point. Thought that the State was poisoning her and her children when they added fluoride to the water - Established Right to Bodily Integrity. Lost her case anyway. |
| Mc Gee v Attorney General | Courts recognized right to marital privacy. Abolished the ban on contraceptives. Rejected her argument for the freedom of conscience – you can make up your mind on something but you can’t do whatever you like. |
| Norris v Attorney General | Logical flaws with the courts application of this doctrine become evident. Norris tried to abolish laws prohibiting gay sex. Tried to establish right to privacy. Christian nature said it was a sin so couldn't be enumerated. Conflicting use of Christian nature of the state. Lost his case. |
| State M v Attorney General | Established right to travel outside the State - Democratic nature point. |
| Kennedy v Ireland | Established the personal right to privacy. |
| G v An Bord Uachtala | Doctrine begins to loose favor. Heart of the doctrine was natural law(?) |
| Re Article 26 and the Abortion Information Bill | Questioned which was Supreme, Natural law or the Constitution. Could the people amend the Constitution in such a was as to conflict with Natural Law? They acknowledged that the natural law exists but that it is not supreme. The courts don’t want anything to do with the natural law again. They do not allow the natural law to have any binding authority in law (pretty much). This led to a loss of confidence in the Unenumerated rights doctrine. |
| OT v B | Established the right for a child to know their mother. Conflict with right to privacy. We now have two conflicting rights. Kean J(dissenting): this is a bit mad, philosophically these rights and natural rights can exist but legally they cannot become law. These rights cannot both be recognised as they can never co-exist. Pick one, he chose the rights of the mother. |
| TD v Minister for Education | There must be a strong textual link or a strong argument based on precedent for a new rightto be recognised. |
| Kinsella v Governor of Mount Joy Prison. | Mr Kinsella was on trial for a horrible murder, he was in danger of being murdered in prison.Was kept in solitary confinement for 11 days – unconstitutional deprives the sensory organs in such a way as to affect the mind, violates the right to the person and a personality. |
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