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Judges, politics and the Irish Constitution$
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Laura Cahillane, James Gallen, and Tom Hickey

Print publication date: 2017

Print ISBN-13: 9781526114556

Published to Manchester Scholarship Online: September 2017

DOI: 10.7228/manchester/9781526114556.001.0001

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PRINTED FROM MANCHESTER SCHOLARSHIP ONLINE (www.manchester.universitypressscholarship.com). (c) Copyright Manchester University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in MSO for personal use (for details see http://www.manchester.universitypressscholarship.com/page/privacy-policy).date: 25 May 2018

Unenumerated personal rights: the legacy of Ryan v. Attorney General

Unenumerated personal rights: the legacy of Ryan v. Attorney General

Chapter:
(p.49) 3 Unenumerated personal rights: the legacy of Ryan v. Attorney General
Source:
Judges, politics and the Irish Constitution
Author(s):

Justice Gerard Hogan Hon. Mr

Publisher:
Manchester University Press
DOI:10.7228/manchester/9781526114556.003.0004

The chapter of Mr. Justice Gerard Hogan addresses the case of Ryan v Attorney General. He considers the consequences of the reliance by judges in the case on extra-textual norms (e.g. on the ‘Christian and democratic nature of the State’), arguing that they could instead have relied on norms that had a clearer textual basis. Their failure to do so, he argues, distorted the rights elements of Irish constitutional jurisprudence in part through a related failure to develop a thorough analysis of the meaning of the rights that were expressly enumerated in the text itself.

Keywords:   Constitutional interpretation, unenumerated rights, constitutional rights

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