Quotes To Learn: Bunreachtúil

Front 1

Hanafin v Minister for the Environment

Back 1

"...the setting aside of a referendum must be regarded as an awesome undertaking." O'Flaherty J

Front 2

Curtin v Clerk of Dáil Éireann

Back 2

"The courts are required to act as custodians of the Constitution and as such, to act as a check on the functions of the other two arms of government." Murray CJ

Front 3

McKenna v An Taoiseach

Back 3

"...the People...are entitled to be permitted to reach their decision free from unauthorised interference by any of the organs of the State."

Front 4

David Gywnn-Morgan

Back 4

"...in McKenna (No.2) (in regard to referenda), the "Supremacy of the Constitution" trumped the separation of powers." Judicial-o-centric: Separation of Powers on the Wane?

Front 5

Cahill

Back 5

"...the courts require that pre-referendum conditions...be tightly controlled in order that the basic requirements and transparency, breeding legitimacy, can be imputed to the referendum results." Ireland's Constitutional Amenability and Europe's Constitutional Ambition: The Lisbon Treaty Referendum in Context

Front 6

Fox & Murphy

Back 6

“...the government, running scared and running out of ideas, is making cavalier with the constitution and trying to shift responsibility to the people by offering them single-sentence abortion referenda” Irish Abortion: Seeking Refuge in a Jurisprudence of Doubt and Delegation

Front 7

Conor Geanly

Back 7

“Judges can occasionally deliver short cuts on the way to justice, but such advances are always contingent on political consolidation” The Politics of Abortion

Front 8

A.G. v X

Back 8

“...the failure by the legislature to enact the appropriate legislation is no longer just unfortunate; it is inexcusable. What are pregnant women to do? What are the parents of a pregnant girl to do? What are doctors to do?” McCarthy J

Front 9

Airteagal 40.3.3: Gan Reachtaíocht, Gan Réasúin

Back 9

"...caithfidh an reachtaíocht seo a bheith éifeachtach agus substainteach má tá sé chun fíor-athrú a dhéanamh agus an ceart bunreachtúil... a chur i bhfeidhm seachas béalghrá a thabhairt do." Gary Moloney

Front 10

A,B&C v Ireland

Back 10

"...a striking discordance between the theoretical right...and the reality of it's practical applications" ECHR

Front 11

J.M. Kelly

Back 11

“...the test tried to achieve the impossible – it expressly equated two rights which, on those rare occasions when they come into conflict, cannot be reconciled”

Front 12

O'Donoghue v Minister for Health

Back 12

"...to make the best possible use of his or her inherent and potential capacities, physical, mental and moral, however limited those capacities may be." O'Hanlon J.

Front 13

Conor O'Mahony

Back 13

"By holding that the test is not whether a provision is better or best, but whether it is appropriate, MacMenamin J erodes the position... that the education contemplated by Article 42.2 should allow a child to make the best possible use of his capacities." The Right to Education and the "Constitutionally Appropriate" Provision

Front 14

Sinnott v Minister for Education

Back 14

"...the age of 18 as advanced by the State has the merit of being the latest at which a person could, with any element of reality, be regarded as a child" Hardiman J

Front 15

DB v Minister for Justice

Back 15

It was not their function to make “assessments on the validity of competing claims on national resources”

Front 16

TD v Minister for Education

Back 16

"..."clear disregard"...a conscious and deliberate decision by the organ of state to act in breach of its constitutional obligation to other parties, accompanied by bad faith or recklessness." Murray J

Front 17

Karen Ní Bhuacháin

Back 17

"Níl ár reachtaÌocht chomh fairsing le reachtaíocht Ceanada áfach, áit go bhfuil prionsabal Offre active ar fáil, a thugann deis don shaoránach a rogha teanga a úsáid." Acht na dTeangacha Oifigiúila COLR

Front 18

O’Beoláin v Fahy

Back 18

“I Stát inarb í an Ghaeilge an teanga náisiúnta agus an chéad teanga oifigiúil... is gá na dlíthe a eisiúint, agus... iad a fheidhmiú i ngach ceann de na teangacha oifigiúla.” Hardiman J

Front 19

Verona Ní Dhrisceoil

Back 19

“In order for the Act to be effective, the gaps between rhetoric and reality must be bridged.” Irish Language Rights in the Era of Austerity

Front 20

Séan O'Conaill

Back 20

"...b'fhéidir go raibh breithiúnas an mhionlaigh Ó Beoláin níos tabhachtaí fós." Áit Nach Sásaíonn Cúpla Focal: Oidhreacht Leanúnach Ó Beoláin v Fahy