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 Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995 is not repugnant to the Constitution because the Fourteenth Amendment expressly permits the Oireachtas to lay down conditions for the provision of information about services lawfully available in another State, including abortion services, and the Bill's provisions are within the scope of that constitutional authority. The Constitution, not natural law, is the supreme law, and the Bill does not violate any constitutional rights as interpreted in light of the Eighth and Fourteenth Amendments.

Citation
[1995] 1 IR 1
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 upheld as constitutional
Legal Topics
Abortion, Right to Life, Freedom of Information, Natural Law, Constitutional Amendment, Presumption of Constitutionality
Constitutional Law Health Law Human Rights Law Abortion Right to Life Freedom of Information Natural Law Constitutional Amendment +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 4 Authorities cited 18 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 conditions on the provision of information about abortion services abroad are constitutionally permissible.
  3. 3 Whether the Fourteenth Amendment is self-executing or requires legislative implementation.

Ratio Decidendi

The Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995 is not repugnant to the Constitution because the Fourteenth Amendment expressly permits the Oireachtas to lay down conditions for the provision of information about services lawfully available in another State, including abortion services, and the Bill's provisions are within the scope of that constitutional authority. The Constitution, not natural law, is the supreme law, and the Bill does not violate any constitutional rights as interpreted in light of the Eighth and Fourteenth Amendments.

Court Disposition

Bill upheld as constitutional

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.