Write a paragraph on irish constitution
Answers
Explanation:
A fundamental right is a basic human right. The Irish Constitution recognises that people living in Ireland have certain fundamental rights. These rights are natural human rights – they come from being human and are confirmed and protected by the constitution.
Not every fundamental right is listed in the constitution, unenumerated rights are unwritten. Article 40.3 of the Irish Constitution refers to and accounts for the recognition of unenumerated rights. The Supreme Court is often the main source of such rights, such as the right to marry, the right to bodily integrity and the right to earn a living, among others.
These Fundamental Rights, enumerated or unenumerated, can and are broken for the greater good.
How they developed:
On 1 July 1937 the people enacted a new Constitution, Bunreacht na hÉireann, to replace the 1922 Constitution of the Irish Free State. Even though the 1922 Constitution had been approved by Dáil Éireann, there continued to exist throughout the country a substantial body of opposition to it owing to its being circumscribed by the terms of the Treaty, its recognition of the British monarch as part of the national legislature and its requirement that members of the Oireachtas swear an oath of faithfulness to that monarch.
Much of the case for a new Constitution was the need to make perfectly clear that the source of authority in Ireland and of the fundamental law of the state is the people of Ireland. There was a desire to give the state all the characteristics of a republic and so all references to the British monarch were removed.
Where are Fundamental rights found in the Constitution:
Articles 40 – 44 of the Constitution allow for fundamental rights.
How did unenumerated rights develop and are they afforded the same protection as enumerated rights:
Unenumerated rights are implied rights, not necessarily written but implied. They are rights that have been read into the court. Courts have interpreted Constitutional rights in such a way that unenumerated rights implied in the text are protected to the same extent as enumerated rights.