Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

In effect, if the European Convention rights were to be incorporated into the Irish Constitution, in terms, the question would then arise as to who was the authoritative and final determinant of what they meant. Would it be the Irish people, would it be the Irish Supreme Court or would it be the Court of Human Rights in Strasbourg? People who have suggested direct incorporation into our Constitution never stress the obvious implication of that argument, that a section of the Irish Constitution would cease to mean what the Irish people necessarily thought it meant, or what the Supreme Court interpreted it to mean. It would mean whatever a court not responsible or accountable to the Irish people interpreted it to mean. That would mean a cession of sovereignty in respect of fundamental rights to a court over which we have no direct influence, in the sense that we have over our domestic courts, independent though they are.

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