Comments on: A Cry for Help? Freedom of Expression and Unenumerated Rights in the Irish Constitution http://www.cearta.ie/2007/01/a-cry-for-help-freedom-of-expression-and-unenumerated-rights-in-the-irish-constitution/ the Irish for rights Thu, 09 Feb 2012 11:47:43 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: cearta.ie » Blog Archive » The Constitution at 70 http://www.cearta.ie/2007/01/a-cry-for-help-freedom-of-expression-and-unenumerated-rights-in-the-irish-constitution/comment-page-1/#comment-3213 cearta.ie » Blog Archive » The Constitution at 70 Mon, 07 May 2007 10:57:54 +0000 http://www.cearta.ie/?p=67#comment-3213 [...] in a session on unenumerated rights; I was delighted by the invitation, and (as I’ve mentioned before on this blog) I accepted with alacrity, as this is something on which I have Views! This post is [...] [...] in a session on unenumerated rights; I was delighted by the invitation, and (as I’ve mentioned before on this blog) I accepted with alacrity, as this is something on which I have Views! This post is [...]

]]> By: cearta.ie » Blog Archive » Article 40.6.1(i) finally gets some teeth!? http://www.cearta.ie/2007/01/a-cry-for-help-freedom-of-expression-and-unenumerated-rights-in-the-irish-constitution/comment-page-1/#comment-1495 cearta.ie » Blog Archive » Article 40.6.1(i) finally gets some teeth!? Thu, 15 Mar 2007 23:37:56 +0000 http://www.cearta.ie/?p=67#comment-1495 [...] very excited. It will certainly feature in my forthcoming paper on the baleful influence of the right to communicate on the lackluster development of the right to [...] [...] very excited. It will certainly feature in my forthcoming paper on the baleful influence of the right to communicate on the lackluster development of the right to [...]

]]> By: Eoin http://www.cearta.ie/2007/01/a-cry-for-help-freedom-of-expression-and-unenumerated-rights-in-the-irish-constitution/comment-page-1/#comment-1468 Eoin Sun, 11 Mar 2007 19:07:41 +0000 http://www.cearta.ie/?p=67#comment-1468 Some of the issues which will doubtless be covered in this conference have been covered in a Symposium on Unenumerated Rights in the Irish Constitution in (2007) 3 <a href="http://www.nuigalway.ie/law/GSLR/" rel="nofollow">GSLR</a> 208. Some of the issues which will doubtless be covered in this conference have been covered in a Symposium on Unenumerated Rights in the Irish Constitution in (2007) 3 GSLR 208.

]]> By: Colin M http://www.cearta.ie/2007/01/a-cry-for-help-freedom-of-expression-and-unenumerated-rights-in-the-irish-constitution/comment-page-1/#comment-52 Colin M Wed, 07 Feb 2007 15:28:18 +0000 http://www.cearta.ie/?p=67#comment-52 Hi This is not unlike the situation the prevailed with marriage annulments before divorce was leagal. The variety of circumstances in which the courts were prepared to grant annulments, meant that the legitimate needs for divorce were ignored for longer than might have been possible otherwise. While it's essential that the courts be able to extrapolate unemnumerated rights from the core document, I agree that it's not a substitute for enumerating them. Colin M Hi

This is not unlike the situation the prevailed with marriage annulments before divorce was leagal. The variety of circumstances in which the courts were prepared to grant annulments, meant that the legitimate needs for divorce were ignored for longer than might have been possible otherwise.

While it’s essential that the courts be able to extrapolate unemnumerated rights from the core document, I agree that it’s not a substitute for enumerating them.

Colin M

]]> By: tipster http://www.cearta.ie/2007/01/a-cry-for-help-freedom-of-expression-and-unenumerated-rights-in-the-irish-constitution/comment-page-1/#comment-32 tipster Tue, 30 Jan 2007 14:21:33 +0000 http://www.cearta.ie/?p=67#comment-32 Not a terribly sophisticated or legal analysis, and not necessarily as focused on your theme as you might wish, but in the 1980s when we had that series of referendums on abortion (be patient, I do come to your theme), it occurred to me that Ireland and the USA were opposites: in Ireland, the right to life was absolute, but the right to freedom of speech was constrained (through censorship laws), whereas it was the other way around in the USA. Not a terribly sophisticated or legal analysis, and not necessarily as focused on your theme as you might wish, but in the 1980s when we had that series of referendums on abortion (be patient, I do come to your theme), it occurred to me that Ireland and the USA were opposites: in Ireland, the right to life was absolute, but the right to freedom of speech was constrained (through censorship laws), whereas it was the other way around in the USA.

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