The presidential election is getting ample coverage at the moment and something crossed my mind after noticing a tweet asking a candidate whether he was pro-life or pro-choice...
The referendum on the 8th amendment passed triumphantly, but the debate on access to abortion is far from over: Some disappointed voters are trying to challenge the result but without damning evidence showing that the referendum's outcome was "materially affected", they won't succeed. More importantly, the proposed piece of legislation which was scrutinised in the campaign must be debated, perhaps amended and eventually passed. Interestingly, Fine Gael and Fianna Fail are giving their TDs and Senators a free vote on the legislation.
One of the few constitutional powers of an Irish President is the ability to refer a bill to the Supreme Court if the President feels that the bill may be unconstitutional. A 7-judge Supreme Court will then sit and review the bill to consider whether it is compatible with Bunreacht na hEireann.
It is likely that the piece of legislation governing access to abortion will pass in the next presidential term. We're not sure if our beloved Michael D Higgins will still hold office (although it is likely that he will). However, in the event that we have a new President, and one who is avowedly pro-life (unlike the socially-left Michael D), they may elect to refer this bill to the Supreme Court for interpretation, perhaps believing that there might be an implied right to life endowed to the unborn which is not enumerated in the Constitution.
It might be worth acknowledging the judgment handed down by the Supreme Court in March of this year which stated that the unborn has no constitutional rights other than those in the 8th amendment, which will not exist by the time that the new piece of legislation is passed, meaning that the unborn will have no constitutional rights whatsoever.
A candidate's views on abortion might be something to take into account when voting for our next President, as this circumstance is a reminder of how the President's constitutional powers can be quite influential when exercised in certain contexts. Even if the Supreme Court upholds the bill, the mere action by a President of referring it for judicial interpretation could leave a sour taste in the mouths of people who voted 'Yes' on May 25th. Do we want a President who is riding the tidal wave of social change in Ireland?
The referendum on the 8th amendment passed triumphantly, but the debate on access to abortion is far from over: Some disappointed voters are trying to challenge the result but without damning evidence showing that the referendum's outcome was "materially affected", they won't succeed. More importantly, the proposed piece of legislation which was scrutinised in the campaign must be debated, perhaps amended and eventually passed. Interestingly, Fine Gael and Fianna Fail are giving their TDs and Senators a free vote on the legislation.
One of the few constitutional powers of an Irish President is the ability to refer a bill to the Supreme Court if the President feels that the bill may be unconstitutional. A 7-judge Supreme Court will then sit and review the bill to consider whether it is compatible with Bunreacht na hEireann.
It is likely that the piece of legislation governing access to abortion will pass in the next presidential term. We're not sure if our beloved Michael D Higgins will still hold office (although it is likely that he will). However, in the event that we have a new President, and one who is avowedly pro-life (unlike the socially-left Michael D), they may elect to refer this bill to the Supreme Court for interpretation, perhaps believing that there might be an implied right to life endowed to the unborn which is not enumerated in the Constitution.
It might be worth acknowledging the judgment handed down by the Supreme Court in March of this year which stated that the unborn has no constitutional rights other than those in the 8th amendment, which will not exist by the time that the new piece of legislation is passed, meaning that the unborn will have no constitutional rights whatsoever.
A candidate's views on abortion might be something to take into account when voting for our next President, as this circumstance is a reminder of how the President's constitutional powers can be quite influential when exercised in certain contexts. Even if the Supreme Court upholds the bill, the mere action by a President of referring it for judicial interpretation could leave a sour taste in the mouths of people who voted 'Yes' on May 25th. Do we want a President who is riding the tidal wave of social change in Ireland?
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