The Eighth Amendment
Sir, – It is possible, indeed probable, that abortion pills could not be regulated in Ireland post-repeal due to the fact that preventing them from being used at any period in pregnancy could be regarded as conferring a “right to life” on the unborn. In fact the whole concept of preventing abortion after 12 weeks is also likely to be unconstitutional for the very same reasons. A clever barrister challenging the constitutionality of any law that in any way hinders abortion at any time during pregnancy is likely make a very strong case that preventing abortion equates with conferring rights, in this case a right to life, on the unborn. Such legislation is unlikely to stand in view of the Supreme Court ruling of March 7th.
Ireland is different from most other countries insofar as it has a detailed Constitution and must legislate within written principles as decreed by the Supreme Court. Principles of the Constitution are inviolate to legislation and can be changed only by will of the people exercised in referendum.
It appears if abortion is allowed in Ireland it could be unregulated in every aspect, apart from the health, safety and wellbeing of the prospective mother. – Yours, etc,
Sir, – According to ESB Networks, erecting posters on electricity poles is “strictly prohibited”. It would seem that neither the pro-repeal or the pro-life camps are aware of this proscription. – Yours, etc,