Oireachtas Joint and Select Committees
Wednesday, 19 September 2018
Joint Oireachtas Committee on Justice, Defence and Equality
General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion
9:00 am
Professor Siobhán Mullally:
-----as there are with regard to fair trial, for example. The Constitution is not going to resolve all disputes around this but it sets a framework. It also sets out what is the core obligation upon the State. In the course of interpretation, legislation, and possibly in the course of adjudication, limits will obviously be imposed on this. It is likely that the courts will say that it be to the maximum of the State's available resources and that it has to be reasonable only. Cases will dealt with on that basis. This sets a core obligation on the State, however.
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