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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, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MSO for personal use.date: 27 June 2022

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

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

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

Justice Gerard Hogan Hon. Mr

Manchester University Press

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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