Following a recent conversation it dawned on me that maybe, we as people have a tendency to take the Irish Constitution for granted… I mean this is the fundamental law, of the land we live in! Hence, I decided to read the Constitution again with an older mind set than that of the young Irish person who did years ago… What struck me most was what an incredible work the Irish Constitution really is… It was truly before its time. Not with in the stifling language of the law, but in the language of every day people it is a literary work we should be proud of… and aware of its implications for our society today. With this in mind I have decided to post regular “bite-sized” extracts from the founding document… and start with its relevance to the person and their fundamental rights.
Fundamental Rights
Personal Rights (Part 1)
Article 40
1. All citizens shall, as human persons, be held equal before the law.
This shall not be held to mean that the State in its enactments have due regard to differences of capacity , physical and moral, and of social function.
2. 1° Titles of nobility shall not be conferred by the State.
2° No title of nobility or of any honour may be accepted by any citizen except with the prior approval of the government.
3. 1° The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizens.
2° The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property of every citizen.
3° The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and as far as practicable, by its laws to defend and vindicate that right.
This subsection does not limit freedom to travel between the State and another state.
This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.