Article 26 and the Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995, In Re [1995] IESC 9; [1995] 1 IR 1 (12th May, 1995)

Article 26 and the Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995, In Re [1995] IESC 9; [1995] 1 IR 1 (12th May, 1995)

The Supreme Court held that, but for the Fourteenth Amendment, the Bill would be repugnant to the Constitution as it permits dissemination of information that could assist in the destruction of the life of the unborn. However, the Fourteenth Amendment expressly provides that the right to life of the unborn does not limit the freedom to obtain or make available, subject to conditions laid down by law, information relating to services lawfully available in another State. The Bill lays down such conditions, and its provisions are not repugnant to the Constitution. The Court rejected arguments that natural law overrides constitutional amendments and affirmed the supremacy of the Constitution...

Citation
[1995] IESC 9
Parties
Referrer: President of Ireland (Mary Robinson); Respondent: Attorney General; Amicus Curiae: Counsel assigned by the Court (for the unborn); Amicus Curiae: Counsel assigned by the Court (for the mother)
Jurisdiction
Ireland
Procedural Posture
Article 26 Reference (constitutionality of Bill) / Supreme Court Decision on Presidential Reference
Outcome
Bill not repugnant to the Constitution; President may sign the Bill.
Legal Topics
Abortion, Right to Life, Freedom of Information, Natural Law, Presumption of Constitutionality, Interpretation of Constitutional Amendments
Constitutional Law Administrative Law Human Rights Law Abortion Right to Life Freedom of Information Natural Law Presumption of Constitutionality +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

President of Ireland (Mary Robinson)

Referrer

Attorney General

Respondent

Counsel assigned by the Court (for the unborn)

Amicus Curiae

Counsel assigned by the Court (for the mother)

Amicus Curiae

Procedural Posture

Article 26 Reference (constitutionality of Bill) / Supreme Court Decision on Presidential Reference

Legal Issues

  1. 1 Whether the Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995 or any of its provisions is repugnant to the Constitution, particularly in light of the Eighth and Fourteenth Amendments.
  2. 2 Whether the Bill's provisions on the dissemination of information about abortion services abroad are constitutional.
  3. 3 Whether the Fourteenth Amendment is self-executing or requires legislative implementation.

Ratio Decidendi

The Supreme Court held that, but for the Fourteenth Amendment, the Bill would be repugnant to the Constitution as it permits dissemination of information that could assist in the destruction of the life of the unborn. However, the Fourteenth Amendment expressly provides that the right to life of the unborn does not limit the freedom to obtain or make available, subject to conditions laid down by law, information relating to services lawfully available in another State. The Bill lays down such conditions, and its provisions are not repugnant to the Constitution. The Court rejected arguments that natural law overrides constitutional amendments and affirmed the supremacy of the Constitution...

Court Disposition

Bill not repugnant to the Constitution; President may sign the Bill.

Orders

  • The Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995 is not repugnant to the Constitution or any provision thereof.
  • The President may sign the Bill.