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42 Cards in this Set
- Front
- Back
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High Court upholds Revenue Commissioner refusal to..? |
Recognise Zappone and Gilligan Canadian Marriage (2006) |
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Legally a couple married abroad are... under Irish law |
Marriage is recognised |
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Zappone And Gilligan challenged the refusal over what Constitutional provision |
Article 41.3 - "The State pledges to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack" |
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Case where father wants to prevent adoption but has no legal right? |
State (Nicolaou) v An Bord Uchtála |
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Henchy J (high court) in regards to State (Nicolaou) v An Bord Uchtála |
"No union or grouping of people is entitled to be designated a family for the purposes of[Art.41] if it is founded on any relationship other than marriage" |
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Walsh J (supreme court) in regards to State (Nicolaou) v An Bord Uchtála |
“It is quite clear from the provisions of Article 41, and in particular section 3 thereof, that the‘family’ referred to in this Article is the family which is founded on the institution of marriage" |
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court must have regard to welfare ofthe child as the ‘first and paramountconsideration’ |
Guardianship of Infants Act 1964, s 3 |
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Finlay CJ |
"is to be found within the family,unless the Court is satisfied on the evidence that there are compelling reasons whythis cannot be achieved…" |
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Article 44.1 states? |
"[The state} shall hold His Name in reverence, and shall respect and honour religion" |
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Art. 44.2 states? |
"The state guarantees not to endow any religion" |
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US case with use of ‘compelling interests’ test |
Wisconsin v Yoder |
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US case that rejects compelling interest test |
Employment Division v Smith |
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Case where making a distinction between religions counts as non discrimination? |
Quinn’s Supermarkets v AG |
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Walsh J in regards to Quinn’s Supermarkets v AG says |
"Any law which by virtue of the generality of its application would by its effect restrict or prevent the free profession and practice of religion … would be invalid having regard to the provisions of the Constitution" |
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Walsh J says in regards to the Irish constitution and protecting Relgion |
"Our Constitution reflects a firm conviction thatwe are a religious people…" |
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Article 40.3.2 in relation to abortion |
The state must ‘protect as bet it may from unjust attack’ and ‘vindicate’ the life of every citizen |
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Eight amendment |
‘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’ |
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US Case which is similar to Irish McGee v AG |
Roe v Wade |
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Case involving providing abortion information about UK clinics? |
Attorney General (SPUC (Ireland) Ltd.) v Open Door Counselling |
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Case escalated to European Court of Human Rights |
SPUC (Ireland) Ltd. v Grogan |
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What was issue from AG v X (X case) ? |
Did 40.3.3 forbid X from traveling to UK for abortion |
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SPUC case was found in breach of? |
Article 10 freedom of expression |
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Costello J (HC) on X case |
I am quite satisfied that there is a real and imminentdanger to the life of the unborn and that if the court doesnot step in to protect it by means of the injunction soughtits life would be terminated… |
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Finlay CJ on X case |
thatthere is a real and substantial risk to the life, as distinctfrom the health, of the mother, which can only be avoidedby the termination of her pregnancy |
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Case similar to X case involving 13 year old girl? |
A and B v Eastern Health Board (1998) |
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European Court of Justice finds Ireland's failure to implement legislation clarifying circumstances for abortion is violation of ECHR article 8 |
A, B and C v Ireland (2010)
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Case about frozen embryos |
Roche v Roche |
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The state recognises.. (in relation to family) |
The State recognises the Family as the natural primary and fundamental unit group of Society |
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English case with definition of marriage from common law |
Hyde v Hyde
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Under Art 6 and Art 46 |
-all powers of government derive from ‘the people; -a referendum is submitted to ‘the people’ for amendment of the Constitution |
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X5 types of interpretation |
-Literal Approach -BroadApproach -Harmonious interpretation -HistoricalApproach -Natural Law Approach |
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Example of case showing literal interpretation |
The State (Browne) v. Feran |
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In The State (Browne) v. Feran what Constitutional .. is relied on? |
Art 34.4.3 ? ?The Supreme Court shall ? have appellate jurisdiction from all decisions of the High Court?. |
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judge’s widow claimed, unsuccessfully, that a paying income tax amounted to a reduction in judicial remuneration |
O’Byrne v. Minister for Finance under article 35.5 |
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case that deals with Art 28.6.3 The Tanaiste shall also act for or inthe place of the Taoiseach during the temporary absence of the Taoiseach. |
Riordan v an t. |
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Married couple need not have children to be considered a “Family” under Art. 41. |
Murray v Ireland |
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Example of historical approach |
Sinnott v. Minister for Education |
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Example of case involving marriage equality and historical approach |
Zappone and Gilligan v. Revenue Commissioners |
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Example of harmonious intepretation |
-Sinnont v Minister for Education |
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Another example of broad ap |
- Quinn Supermarket v Attorney General |
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Dunne J on marriage in Zappone case |
"The definition of marriage to date has always been understood as being opposite sexmarriage." |
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Dunne J refered to what piece of legislation to show marriage was in line with modern day consensus |
section 2 of the Civil Registration Act 2004 |
