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Thread: Article 41.2 (Women in the home) - Irish Examiner opinion piece a 1st year law student could have written better.

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    Politics.ie Member corelli's Avatar
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    Default Article 41.2 (Women in the home) - Irish Examiner opinion piece a 1st year law student could have written better.

    Today's article, by a Victoria White, who is new to me, cause me much myrth just now when I read it, "it", having just being re-tweeted by David Quinn.

    The nation

    I won't go into the finer detail, which is a bit of a rant about the Constitutional Convention not knowing who some obscure "women in the home" orginisation was, and wanting it to be gender neutral, as the Women's Council and the Iona institute wish for, etc etc.

    Of course, the vast thust of the piece concentrates on the, aparrent, deserved special position of the woman in the home, and, in the third last paragraph, has the usual right wing rant about "feminists" and forcing people out of the home to work if they don't want to go. Notwithstanding the hysteronics involved, there is one, simple, basic, legal point that would have saved her ink and what brain power went into writing the article. It is this.

    Article 41.2 has, NO LEGAL EFFECT WHATSOEVER. It's purely aspirational and cannot be litigated.

    If it is of assistance, the seminal case, an equity matter, is, L v L [1992] 2 IR 77. The Supreme Court held that the article was simply a statetment of principle, that it was for the legislature to flesh it out and that the article gave rise to NO ENFORCABLE RIGHT against the State whatsoever.

    Now, any 1st year law student, if she had been minded to show it to them, would pointed out that glaring fact to the author and saved us all the vague bother of being confronted by such a piece of nonsense.
    "......... we must sometimes listen to those who, consumed with zeal, have scant judgment or balance. To such ones the modern world is nothing but betrayal and ruin.........We feel bound to disagree with these prophets of doom who are forever forecasting calamity -- as though the world's end were imminent."

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    Politics.ie Member Astral Peaks's Avatar
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    Will you take this up with the letters page of the Examiner, Corelli?

    Seems like something worth doing.

    Also, if it is so incompetent (and I don't doubt you for a second) what was David Quinn doing retweeting it?

    He isn't normally stupid or naive.
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

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    Politics.ie Member soubresauts's Avatar
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    Quote Originally Posted by corelli View Post
    Today's article, by a Victoria White, who is new to me...
    You probably know of her husband, who apparently leads a political party.
    15 Jan 2001 -- Fine Gael pledged to end fluoridation because of "serious health concerns".

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    The Constitution speaks also of the special place of Gardai in the State; a person who murders a member for example serves a longer prison sentence than one who murders someone else.

    You talk about aspirations in a disparaging way, but the Constitution is full of aspirations as a direction for the legislature and the judiciary.
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    Politics.ie Member Astral Peaks's Avatar
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    Quote Originally Posted by soubresauts View Post
    You probably know of her husband, who apparently leads a political party.
    Is that the same Victoria White?

    I wondered, but thought no, she couldn't be that silly......
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

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    Politics.ie Member Red_93's Avatar
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    The Irish version, which has a higher status than the English one, actually uses the word 'teaghlach' meaning family.

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    Does one even need to be a first year law student to know the difference between constitutional provisions and statutory legislation?
    Redacted.

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    Politics.ie Member former wesleyan's Avatar
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    Victoia gets the treatment here:-

    http://www.politics.ie/forum/media/2...eary-task.html
    "What Michael Collins accepted in '22,De Valera accepted in'27 and Gerry Adams accepted in '98.Sooner or later they all come around to accepting the Treaty"

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    I would like to thank Victoria White for bringing to my attention the fact that we Homemakers are even mentioned in the constitution! Aspirational or otherwise I feel strongly that this article should remain (albeit amended to be gender-neutral and include carers) to highlight the value of the unremunerated role that homemakers contribute to society. This is my first post, it feels good to have a voice!

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    asbol
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    Quote Originally Posted by homemaker412 View Post
    I would like to thank Victoria White for bringing to my attention the fact that we Homemakers are even mentioned in the constitution! Aspirational or otherwise I feel strongly that this article should remain (albeit amended to be gender-neutral and include carers) to highlight the value of the unremunerated role that homemakers contribute to society. This is my first post, it feels good to have a voice!
    Your voice will be somewhat drowned out by the regular braying on P.ie but welcome. I agree with you btw.

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