McGee and Ryan Cases: Unenumerated Rights
Title:
“McGee & Ryan Cases – Unenumerated rights – discuss?”
Student Name: Ciara Sheehan
Word Count (inclusive of footnotes but exclusive of bibliography): 1247
McGee & Ryan Cases – Unenumerated rights – discuss?
Introduction:
Unenumerated rights are ‘Rights that are not expressly mentioned in the text of a Constitution but instead are inferred from the language, history, and structure of the Constitution, or cases interpreting it.1’ Articles 40-44 recognise guarantee and protect personal rights; both expressed and inferred. These articles have allowed recognition and vindication of personal rights. The words ‘in particular2’ of Article 40.3.2 have allowed the courts to suggest that while the specified rights reserve special protection they are not the sole rights. Judicial activism in relation to unenumerated rights can be seen in two of the founding cases on the matter: Ryan v AG3 and McGee v AG4. Within this essay I will discuss the mentioned cases and their impact. I will examine the development of unenumerated rights and both the advantages and disadvantages of the method of discovery of such rights.
Discussion:
The seminal case in the area of unenumerated rights was Ryan v AG5. The plaintiff took the case as she felt the fluoridation of water under the Health Act 1960 infringed her right to bodily integrity. The case attempted to call on a right not explicitly expressed but latent in the generalities of Article 40.3. Although she did not win her case as the incident was deemed to be non-malicious the court did recognise the right to bodily integrity inferred in Article 40.3.2. This case established an unenumerated right and opened the courts and the public to the idea that further rights may be found. Within his judgment Kenny J said “the personal rights which may be invoked...are not confined to those specified in Article 40.6”
Fifteen years afterwards Kenny J acknowledged the significance of the era which he had
“McGee & Ryan Cases – Unenumerated rights – discuss?”
Student Name: Ciara Sheehan
Word Count (inclusive of footnotes but exclusive of bibliography): 1247
McGee & Ryan Cases – Unenumerated rights – discuss?
Introduction:
Unenumerated rights are ‘Rights that are not expressly mentioned in the text of a Constitution but instead are inferred from the language, history, and structure of the Constitution, or cases interpreting it.1’ Articles 40-44 recognise guarantee and protect personal rights; both expressed and inferred. These articles have allowed recognition and vindication of personal rights. The words ‘in particular2’ of Article 40.3.2 have allowed the courts to suggest that while the specified rights reserve special protection they are not the sole rights. Judicial activism in relation to unenumerated rights can be seen in two of the founding cases on the matter: Ryan v AG3 and McGee v AG4. Within this essay I will discuss the mentioned cases and their impact. I will examine the development of unenumerated rights and both the advantages and disadvantages of the method of discovery of such rights.
Discussion:
The seminal case in the area of unenumerated rights was Ryan v AG5. The plaintiff took the case as she felt the fluoridation of water under the Health Act 1960 infringed her right to bodily integrity. The case attempted to call on a right not explicitly expressed but latent in the generalities of Article 40.3. Although she did not win her case as the incident was deemed to be non-malicious the court did recognise the right to bodily integrity inferred in Article 40.3.2. This case established an unenumerated right and opened the courts and the public to the idea that further rights may be found. Within his judgment Kenny J said “the personal rights which may be invoked...are not confined to those specified in Article 40.6”
Fifteen years afterwards Kenny J acknowledged the significance of the era which he had
Bibliography: Griswold v Connecticut 1965 381 US 479 Roe v Wade 410 US 113 (1973) Books: JM Kelly, The Irish Constitution (4th edn, Butterworths, 1994) James Casey, Constitutional Law in Ireland (3rd edn, Roundhall Sweet and Maxwell, 2000) Oran Doyle, Constitutional Law: Text, Cases and Material (Clarus Press, 2008) Jonathan Law and Elizabeth Martin, Oxford Dictionary of Law (7th edn, Oxford University Press, 2009) Articles: Aisling O’Sullivan and Phil C W Chan, ‘Judicial review in Ireland and the relationship between the Irish Constitution and natural law’ (2006) 15 Nottingham Law Journal 18 John Rogge, ‘Unenumerated Rights’ (1959) 47 California Law Review 787 Miscellaneous: Elizabeth Martin and Jonathon Law, A Dictionary of Law (Oxford, 2009) Bunreacht na hEireann, 1937