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

Dr. Laura Cahillane:

Yes. The point of putting a provision into the Constitution would be to ensure a basic level of support. As we have been saying, it would then be up to the Oireachtas to define the boundaries of what would be encompassed by any idea of support. Of course, it would then always be open to citizens to challenge that and to argue that this support had not been not strong enough. It would then become a matter for the courts to decide whether the legislative support which had been given was sufficient under the Constitution and whether the limitations were constitutional. There can be limitations to rights. The courts would conduct a proportionality test to decide if the limitations were proportionate. That is something which would be worked out afterwards in the courts. Ultimately it would be down to the Oireachtas to decide on the limits and the supports which should be available.

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