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  1. #11
    ger12 ger12 is offline
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    Quote Originally Posted by talkingshop View Post
    Abortion is legislated for - to the extent it is - in the POLDPA, afaik. That would stay in place if the 8th was removed, until the Oireachtas decided to amend it.
    Even if the Oireachtas amends that Act, to say restrict for sex selection abortion or restrict for late term abortions for example, a successful constitutional challenge similar to the U.S. Roe V's Wade would override that?
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  2. #12
    Half Nelson Half Nelson is offline
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    Soros wants the 8th removed because it is effective; it saves lives.

    If the law on abortion ever becomes subject to the whims of politicians we will eventually end up with abortion on demand... leading to who knows what further levels of barbarism.

    The Law is all that keeps the bloodthirsty mob from the children. Weaken that and you weaken their protection.
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  3. #13
    Mercurial Mercurial is offline
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    Quote Originally Posted by ger12 View Post
    On a constitutional matter, when do they take that course of action?
    For example, the KAL case.
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  4. #14
    talkingshop talkingshop is offline
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    Quote Originally Posted by ger12 View Post
    Even if the Oireachtas amends that Act, to say restrict for sex selection abortion or restrict for late term abortions for example, a successful constitutional challenge similar to the U.S. Roe V's Wade would override that?
    Yes, it would.
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  5. #15
    ger12 ger12 is offline
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    Quote Originally Posted by Mercurial View Post
    For example, the KAL case.
    I don't see the comparison, wasn't that referred back to the HC from the SC to challenge different elements of law?
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  6. #16
    Mercurial Mercurial is offline
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    Quote Originally Posted by ger12 View Post
    I don't see the comparison, wasn't that referred back to the HC from the SC to challenge different elements of law?
    Part of the judgment basically suggested that if the Oireachtas wanted to legislate for marriage equality, that might be okay, but that the Court would not rule that such a right was already in the Constitution.
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  7. #17
    ger12 ger12 is offline
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    Quote Originally Posted by Mercurial View Post
    Part of the judgment basically suggested that if the Oireachtas wanted to legislate for marriage equality, that might be okay, but that the Court would not rule that such a right was already in the Constitution.
    To give time for a SSM referendum perhaps? I don't see how it can be compared to this situation tbh.
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  8. #18
    ger12 ger12 is offline
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    Quote Originally Posted by talkingshop View Post
    Yes, it would.
    And the ECHR?
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  9. #19
    talkingshop talkingshop is offline
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    Quote Originally Posted by ger12 View Post
    And the ECHR?
    The European Court of HR, as I read it, would like to enforce abortion (and would also like to enforce gay marriage) but haven't done so to date as they don't feel they can find these rights in the Convention. But they also seem to have this bizarre thing that if enough states endorse abortion, or gay marriage (or other things) they can then find that these are enforceable, "found" in the Convention. So yes, quite honestly, even though I favour a more liberal abortion regime than you, I think the Irish people would be advised to keep what they want about abortion in the Constitution, to avoid possibly being dictated to by the ECHR on this.
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  10. #20
    ger12 ger12 is offline
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    Quote Originally Posted by talkingshop View Post
    The European Court of HR, as I read it, would like to enforce abortion (and would also like to enforce gay marriage) but haven't done so to date as they don't feel they can find these rights in the Convention. But they also seem to have this bizarre thing that if enough states endorse abortion, or gay marriage (or other things) they can then find that these are enforceable, "found" in the Convention. So yes, quite honestly, even though I favour a more liberal abortion regime than you, I think the Irish people would be advised to keep what they want about abortion in the Constitution, to avoid possibly being dictated to by the ECHR on this.
    The ECHR is subordinate to our constitution?
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