The Judiciary became law-makers a long time ago in that regard, mostly where the Oireachtas declined to do its duty, particularly in a number of cases, of which we know in the area of education, and especially in the right to privacy in the McGee contraception case and a number of other such areas where the courts have essentially made law. Their interpretation of the first so-called "right to life" amendment to the Constitution was a clear example of the Judiciary making law because the Oireachtas had failed to do its duty. If the convention was incorporated into law, it would be the job of the Oireachtas to ensure there were no conflicts between it and existing law or, where they became evident, to deal with them or provide a process for doing so, in which case the alleged fear would not arise. The second argument about not incorporating the convention into law is, first, flawed and, second, inconsistent with the history of previous Supreme Courts.