I'm not interested in debating whether abortion is right or wrong, that's been discussed in quite a number of threads.
Rather, could we look at whether Ireland could face a Roe V's Wade situation in the event of the removal of the recognition to the right to life of an unborn child.
In Ireland and the U.S. we have a common law system. While the U.K. also have a common law system, they don't have a written constitution so they can legislate as they please.
So I'd argue that the U.S. is the best comparator.
Do you believe any attempt to limit a woman's right to an abortion may be considered unconstitutional under Privacy and Bodily integrity like in the U.S.?
I'm adding an opinion piece by a constitutional lawyer to this OP as I believe it is significant to the discussion. Discussion around this on the thread begins on January 7th.
He suggests that "The only way it would seem possible to impose some limits on the right to abortion would be to read the decision of the people to remove constitutional protection for the unborn as somehow still subject to some implicit limitation.
However, the argument that the power of the people to amend the Constitution was subject to the natural law rights of the unborn was rejected by the Supreme Court in the abortion information Bill reference in 1995.
In the course of its judgment, the court said: “The people were entitled to amend the Constitution in accordance with the provisions of article 46 of the Constitution and the Constitution as so amended by the Fourteenth Amendment is the fundamental and supreme law of the State representing as it does the will of the people.”
Unless one can draw a relevant distinction in this context between natural law and some other possible restriction on the people’s power to amend the Constitution, it seems to me that this decision means that the simple deletion of the Eighth Amendment will have to be interpreted as an unqualified decision to remove constitutional protection from the unborn, resulting in abortion on demand."
So if the amendment is removed, it won't be a case of simply returning to the situation in 1982. There may be an imperative to disregard any rights on the part of the unborn child.
"Abortion on demand the legal outcome of repeal of Eighth Amendment"
What happens if the 8th is repealed?