Oireachtas Joint and Select Committees

Wednesday, 27 September 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Professor Fiona de Londras:

On the question of whether we have legal certainty, as I outlined in paragraphs 1.1 and 1.2, I think we do. It is clear that the Oireachtas has the power to legislate and that that power is limited by the eight amendment. My understanding was that we were discussing whether or how we could achieve legal certainty if the recommendations of the assembly were to be pursued. As I said, I think it would require a combination of Constitutional, legislative and other provisions. On the other impediments referred to, I think the question is really what are they and what is their extent. What are the other rights that might impede the freedom of the Oireachtas?

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